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City Council Agenda Packet 04-14-2008AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday April 14, 2008 - 7 p.m. NOTE: Fiber Optic Workshop - 5 p.rn. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2A. Approve minutes of March 24, 2008 Special Meeting. 2B. Approve minutes of March 24, 2008 Regular Meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. A) Bruce Hamond -Monticello/Big Lake Hospital District B) Demonstration of website 5. Consent Agenda: A. Consideration of ratifying hires and departures far MCC, Parks, Finance, DMV and Liquor Store. B. Consideration of approving purchase of Automark Ballot Marker. C. Consideration of approving transfer of charitable gambling license for Land Of Lakes Choirboys to Jala Penos at 512 State Highway 25. D. Consideration of approving renewal of charitable gambling license for the Monticello Lions Club at Chatters Restaurant and River City Extreme. E. Consideration of approval of 2008 Wright County Highway Maintenance Agreement. F. Consideration to review and accept 2007 GMEF Financial Statements, Activity Report, and proposed 2008 Budget. G. Cansideration of approving a request far a one day charitable gambling license far a raffle at the High School Ballfield on July 10, 2008. H. Consideration to approve a request for rezoning from A-o (Agriculture-Open Space) to R-4 (Mobile Home Park) for the property known as Kjellberg's West Mobile Park. Applicant: Kjellberg's Inc./Kjellberg Mobile Home Park. Agenda Monticello City Council April 14, 2008 Page 2 I. Consideration to approve a request for conditional use permit for concept stage and development stage planned unit development for a commercial development in a B-4 (Regional Business) District. Applicant: SB 22, LLC/Mike Krutzig. J. Consideration of approval of the special assessment agreement and adoption of special assessments for Cedar Street Improvements for the Jerry Hartung Addition. K. Consideration of approving a charitable gambling license for Monticello Youth Hockey at the Monticello Country Club. L. Consideration to approve reaffirmation and reinstatement of assignment of contract for private development. -Front Parch Associates. 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of authorization to approve purchase of play structure for Sunset Ponds Park and proceed with installation. 8. Consideration of adapting ordinance amendment regulating construction and development requiring grading, drainage and erasion plans, controls and permits. 9. Consideration of authorizing Fire Department to proceed with developing specifications for new fire truck. 10. Consideration of approving design, construction and funding of landscaping plan for the roundabout at CSAH 18/Meadow Oak Avenue. 11. Consideration of approving pay equity study and job descriptions; changes in liquor store operation, adopting pay scale and adopting COLA for 2008. 12. Consideration of approving payment of bills far April, 2008. 13. Adjourn NOTES TO APRIL 14, 2008 AGENDA: 1. The hospital called on Friday afternoon to notify the City that Mr. Hamond would not be able to make the April 14th meeting. 2. Item #SB -Purchase of the Automark Ballot Marker - A sentence was omitted from the staff recommendation. 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Or ~n ~+ ~ E+r rw I U~RS 00 ~n d~ o In aw c~ ~? m ro H ~ ~ ri o In ~n ,~ E-I ~ ,~ `T ",I M MOO r-I [~ r•1 ~ r-I r-I b W W CL ',~ N ~O f~l b C~ d' d~ Tom., d' d~ W O N d~ C? ~A Lf1 Q1 W O1 O~ [A V~ ~ [~ rl N cr pp N U] N N .H F' ~'. ri "J N N C~ ,J C~ C~ ~ CQ ~n w W ~n ~n GA (!1 [~ w Ca r~ 0 0.1 H b a U W ~~ ww I m I I ~WUO I ~ I RRRRRR;;;;;; I H a N ~ ~a I A All W L g ~ ggr nw I v r ~ U ~ y i ~ o I ~U W i U H I C:.W~~ ~ [r] C1, H W ~H , ".~ o P i i U i CL ~7~ ~ Y I r-l ryy H I r~ ~ W • • I ~] w GL U I FY, '„] ~ H 4L W I W ca r-C cn I ~ cn a o a FC ~ I I z a a 0o u w l A I w~+WOH C7 ~ A U cn a KC U W ~ I w C7 FC U= ~ fx M W I ~ ~ ~ I cn Uri ~ I ~~r-~nrlrn O~-+~Nwo F O ~ ~ I I "~-~ W ~ Q e~Q I HN N N N~D H W W I C7 F a a a • w Q w ~ • O ~ • a a Q Q W W fx ~ W Q W W a ~ ~ a w ~ V1 a a W ~o w 0 H • m H a u z H • w w u w • a w w ~ ~ • • • Council Minutes:3/24/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 24, 200$ - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wajchouski. Members Absent: None. 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance. 2A. Approve minutes of February 2S 200$ Regular Council meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 25, 2008 REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 2B. Approve minutes of March 10, 200$ Regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 10, 2008 REGULAR MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND SUSIE WOJCHOUSKI ABSTAINING. 3. Consideration of addin items to the a ends. The award of the bid for the sale of $9,270,000 General Obligation Sewer Revenue Refunding Bonds was added to the agenda. Brian Stumpf requested that agenda items #12 and #15 be added to the consent agenda. Wayne Mayer asked that item #12 be discussed. 4. Citizen comments, petitions, regaests and concerns. (A) Introduction of Karri Tharsten, Senior Accountant. --Tom Kelly introduced Karri Thorsten who is filling the position of senior accountant for the City of Monticello and will be starting March 31, 2008. No one else spoke under citizen comments. 5. Consent Agenda: A. Consideration of ratifying new hires and departures MCC, Parks and Liquor. Recommendation: Ratify the hires and departures as identified. B. Consideration of appointment of Mark Larson to fill vacancy on the Parks Commission. Recommendation: Appoint Mark Larson to fill the vacancy on the Parks Commission with his term to run through December 31, 2010. Council Minutes:3/24/08 C. Consideration of a request for a Conditional Use Permit for development stage planned unit development approval and a Conditional Use Permit for a drive through lane at Lot 2, Block 1 of Union Crossings Third Addition. Applicant: McDonald's USA, LLC. Recommendation: Decision #1: Move to approve a Conditional Use Permit for development stage planned unit development based on a finding that the proposed use is consistent with the intent of the existing PUD and the B-4 District subject to the following conditions: 1) The parking stalls on the east side of the site adjacent to the drive through lane shall be designated for employee parking only; 2) The applicant shall provide a separate sign plan for all directional signage; 3) The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane to ensure that these vehicles can circulate properly; 4) The photometric plan shall be revised to illustrate lighting produced from the site only. All lighting must be shielded, fiill cut-off fixtures. No readings may exceed one footcandle as measured from the centerline of adjacent rights-of--way; 5) The applicant shall revise the non-drive through (west) building elevation to add vertical elements similar to those provided on the south and east elevations; 6) The applicant shall provide pedestrian striping across 7th Street; and 7) The applicant shall submit turning radii for trucks and emergency vehicles demonstrating that turning movements may be made on the subject site only. Decision #2: Move to approve a Conditional Use Permit for a drive through facility based on a finding that the proposed use is consistent with the intent of the PUD and the use satisfies the conditions of approval. D. Consideration of approval of the special assessment agreement and adopting special assessments for Cedar Street Improvements for the Jerry Hartung Addition. Recommendation; Adopt a resolution approving the special assessment agreement and adopting the special assessments for the Cedar Street Improvements for the Jerry Hartung Addition. E. Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3-9 regulating address number signs. Applicant: City of Monticello. Recommendation: Approve the amendment to Monticello Zoning Ordinance 3-9[E]S repealing the regulation of address signs and amendment to Title 4 of the City Cade Ordinance relating to Building Code. F. Consideration of authorizing the purchase of ball field cancession and rental equipment for the Monticello Community Center. Recommendation: Approve the purchase of the concession stand equipment and the silverware from the vendor chosen by the community center for best service not to exceed $14,420 before tax and handling. Item #SC and #SF were pulled for discussion and #SD was requested to be tabled. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #SA, #SB AND #SE WITH AGENDA ITEM #12 ADDED AS #SG, WITH #SD BEING TABLED AND #SC AND #SF BEING FULLED FOR DISCUSSION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a ends for discussion. #SC Conditional Use Permit - McDonald's USA LLC: Tam Perrault questioned the traffic flow for the site. Kimberly Holien, consulting planner, indicated staff had also expressed concerns whether 2 Council Minutes:3/24/08 there was sufficient turning radii for commercial vehicles. Staff felt the vehicles should be able maneuver on their own site and not encroach onto the adjacent praperty. Tom Perrault noted that you can't bypass the drive through area. City Engineer Bruce Westby said the plan is for people parking on the west side of the building to egress the same way they came in. The City asked the applicant for a turn template that would show how emergency vehicles would maneuver through and circulate around the entire building. Another question is whether delivery vehicles could make the turn from the 7th Street to get into the site or leave the site. Staff felt that all emergency or delivery vehicles should be able to maneuver through the site without going onto adjacent property and they also suggested possibly shifting the building up a little to allow far better emergency vehicle circulation. Jim Heileman representing McDonalds stated that they had provided templates showing how emergency vehicles could circumnavigate the site. They have an agreement with the developer for cross access. Delivery vehicles come every five days. The template shows how the vehicles could leave the parking area while still staying an their property. McDonald's has put in two order paints which will allow faster service and thereby get vehicles out quicker. Mr. Heileman Hated that if a customer can't circumnavigate the site, they won't come back. The delivery door is an the west side of the building and that is where the delivery vehicle would be parked. McDanald's doesn't feel there is customer inconvenience by not having a bypass lane for the drive through area. Vehicles will have to ga through the drive through to get to the parking on the east side. The area on the east is meant for staff parking. With bath drive through lanes there is raam far 12-15 cars so there is significant stacking space on the site. Only the parking stalls on the east side of the building would have encumbered access. Bruce Westby said the template he has is from several weeks ago and he has not seen a revised one. Bruce Westby said they had discussed curbing so vehicles couldn't leave the site and come back. His concern was about safety at the intersection with 7th Street and traffic circulation around the building. Jim Heileman said the latest plan had shown modifications to the curb lines. SUSIE WOJCHOUSKI MOVED TO AFPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-4 DISTRICT SUBJECT TO THE FOLLOWING CONDITIONS: 1) The parking stalls on the east side of the site adjacent to the drive through lane shall be designated for employee parking only; 2) The applicant shall provide a separate sign plan for all directional signage; 3) The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane to ensure that these vehicles can circulate properly; 4) The photometric plan shall be revised to illustrate lighting produced from the site only. All lighting must be shielded, full cut-off fixtures. No readings may exceed one footcandle as measured from the centerline of adjacent rights-of--way; 5) The applicant shall revise the non-drive through (west) building elevation to add vertical elements similar to those provided on the south and east elevations; 6) The applicant shall provide pedestrian striping across 7~' Street; and 7) The applicant shall submit turning radii for trucks and emergency vehicles demonstrating that turning movements may be made on the subject site only. AND TO AFPROVE THE CONDITIONAL USE PERMIT FOR A DRIVE THROUGH FACILITY BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE FUD AND THE USE SATISFIES THE CONDITIONS OF APPROVAL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SF Purchase of ball field concession equipment and rental equipment for the community center. Wayne Mayer noted that the warding an the agenda item didn't say that they would be taking the Council Minutes:3/24/08 lowest bid, Kitty Baltos, MCC Director, stated that there was only $50 difference between the bids and they felt because of that they could go with the vendor that they had the best working relationship with. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PURCHASE OF THE CONCESSION STAND EQUIPMENT AND THE SILVERWARE FROM THE VENDOR CHOSEN BY THE COMMUNITY CENTER STAFF BASED ON BEST SERVICE AT A PRICE NOT TO EXCEED $14,420 BEFORE TAX AND HANDLING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of comments Exam the Vine Place Homeowner's Association and coarres andin staff action summary. Community Development Coordinator, Angela Schumann provided background information outlining action staff took relating the concerns brought up the Vine Place Homeowner's Association. Staff pointed out that the City could only act on those issues covered in the development agreement. Other issues, such as the quality of the workmanship on individual units were matters that had to be resolved between the homeowners and the developer. Clint Herbst asked if the items listed on the September 2004 memo had all been addressed. The landscaping was reviewed by the Building Department and also the homeowner's association and Mike Cyr had come to an agreement as to the kind of fencing that would be acceptable. Staff noted that the change in fencing would require an amendment to the PUD. The concerns raised about grading and drainage will be reviewed by the engineer in the spring. Staff pointed out that the construction of the units met the building code requirements. The code requirements are minimum standards for construction so meeting the code wouldn't necessarily mean it was tap quality workmanship. Clint Herbst said when the city allows a PUD (Planned Unit Development) they need to make sure they are getting a superior product. Joel Jamnik reiterated that the City can only enforce those items that are in the development agreement between the City and the developer. They cannot bind the developer to items outside that. The items that are the City's responsibility will be reviewed by city staff Items that are covered in the covenants are the responsibility of the homeowner's association to enforce. Jim Wimmer 628 6 %Z Street spoke representing the Homeowner's Association. He stated the legal documents of the development have been retarded and appear in the abstract and he questioned why those items listed in the documents have not been completed. The residents of the development feel very strongly that the quality of workmanship on the units was poor. The homeowners didn't create the problems and shouldn't have to be the ones to correct it. Clint Herbst said he could understand the homeowners frustration because the purchase of a home is a big investment and you want everything to be perfect. The homeowners however have to realize the City can only correct those items that are covered in the development agreement. This will include: 1) Looking at the grading and drainage in the spring; 2) Checking the condition of the sidewalk; 3) irrigation; and 4) Completing punch list items and landscaping. Jim Wimmer asked about the security deposits of the developer and if the City could hold those until all the issues were resolved. Joel Jamnik said the deposits could only be used to correct those item covered by the deposit. 4 Council Minutes:3/24/08 S. De artment Head Re ort -Ann Johnson De u Re istrar's Office. Ann Johnson, Deputy Registrar Manager, reported that they had passed the state audit with flying colors and had received above average marks from the state far their paperwork. Initially they had looked at issuing passports but they were denied a permit to be a passport agency. Their office is issuing duplicate drivers license and it is hoped when the state gets the funding to provide cameras for the driver license sites, Monticello DMV would be a full driver's licensing facility. In March the Deputy Registrar's Office started having office hours on Saturday which has been very successful. Staff has been working on building needs and getting cost estimates for repair of the existing building and relocation to another site. She also reported that the DMV office is back to full staff with the return of the employee who was injured in a car accident. 9. Consideration of authorizin the Monticello Fire De artment to re are Tans and s ecifications for a lire truck and a oint one or two members of the Ci Council to sit on the design committee. Steve Joerg and Brad Fyle representing the Fire Department were present to discuss with the Council the proposal for a new fire truck. Funds for the truck have been budgeted over a number of years. They estimate the cost of the truck to be about $450,000 and they believe that thus far $375,000 has been budgeted and there maybe $75,000 left from the purchase of the previous truck. Mast of the design work has been done by the Fire Department but they would like one or two members of the Council to sit on the final design phase. Wayne Mayer felt it maybe premature to finish up the design work if the budgeted funds were not adequate to cover the cost of the truck. Tom Kelly said that without looking at the fund balances, he didn't feel comfortable stating whether or not sufficient funds were budgeted. Brian Stumpf said it is not a matter of wants but a matter of needs. The age of this piece of equipment is a problem. Clint Herbst asked if there was any value in the old truck if it was sold. Steve Joerg said it was not their intent to sell the old vehicle but use it as a backup. It takes 9-10 months to build a new truck sa that is why they are doing the design now so that they can have the vehicle on hand by January 2009. Brad Fy1e said they would not get much of a trade in value on the old vehicle. Tom Kelly said that he would have the budgeted amount for the next meeting. Steve Joerg said they are trying to get to a 1 S year replacement schedule. Another issue is the need for different extricating equipment because the cars are made differently with hybrids cars having electrical wires to be worked around. Steve Joerg thought this was a public safety issue. As far as Council representation on the design committee, Brian Stumpf felt it should be a Councilmember who was outside the Fire Department. Tom Perrault will serve an the Engine Design Committee with Susie Wojchouski as a backup. SUSIE WOJCHOUSKI MOVED TO APPOINT TOM PERRAULT TO THE FIRE DEPARTMENT ENGINE DESIGN COMMITTTEE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. S Council Minutes:3/24/08 10. Consideration of authorizing the preparation of plans and obtaining quotes for the reali ment of Territorial Road and a rovin the easement a reement for the Busch ro er Shibani Bisson stated that when the new railroad crossing at Highland Way was approved, the City had agreed to close the Grassing at Territorial Road by June 30,2008. Part of this agreement calls for the City to provide access to the property owners who had access to Territorial Road. At the present time Territorial Road is a 12' gravel road. The Busch's were consider developing their property but the current market conditions have kept them from moving forward. Staff has looked at various options including the purchase of the Jameson property. The railroad has denied a request for an extension to continue the crossing. Shibani Bisson pointed out that the City is only obligated to replicate the current access. This would be a temporary access until the property develops. Wayne Mayer asked once the new driveway is in place is the City doing anything for the area between the tracks and Washington Street and wondered who awned the area. John Simola indicated the area was owned by the School District. Shibani said they don't have plans to remove this section of the road. Clint Herbst expressed frustration about the difficulty of working with the railroad. He questioned the value of putting a temporary road in now when it is possible in a few years that the road alignment would change. He felt the City should see what the railroad would da if the road was not constructed by the June 30, 2008 deadline. When development takes place is the time to look more closely at the road and its alignment. John Simola expressed the view that if the railroad wanted to take the crossing out at any time they could and then the City would have to put the road in immediately. Joel Jamnik said the City does have an agreement with the railroad that the crossing would be removed and if challenged the courts would require the City to live up to the terms of the agreement. Merrill Busch indicated that this road is the primary access to the Rand House. If this road closes there is no access to the Jameson property. Clint Herbst suggested that the crossing at Linn Street could be considered a trading point for resolving the Territorial Road crossing. Merrill Busch said the problem for them is that they have been dealing for the past four years with the question of whether or not they have access. He felt the proposed gravel road was the best deal for them, the City and the Jamesons. Susie Wojchouski asked who was going to be the force to see that this was done. Shibani Bisson said their office would set up the meeting with the railroad but Hated the railroad was not receptive to extending the agreement. John Simola said before the City starts a war with the railroad they should they get the fiber optic cable in. Tam Perrault asked about the cost which is estimated at $40,000. Brian Stumpf asked if it would create a hardship for Merrill Busch if the City holds off a decision far several months. Merrill Busch felt if the City wanted to use this approach with the railroad they should have done it a few years ago. Brian Stumpf said if the City doesn't have some kind of commitment from the railroad on Territorial Road by June 1, 2008 the City would proceed with the road installation. BRIAN STUMPF MOVED THAT IF THE CITY DOES NOT RECEIVE A COMMITMENT FROM THE RAILROAD REGARDING THE TERRITORIAL ROAD CROSSING BY JUNE I, 2008 THE CITY WOULD MOVE AHEAD WITH THE INSTALLATION OF THE ROAD. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutes:3/24/08 11. Consideration of a re uest for amendment to the Monticello Zonin Ordinance Cha ter 3- 5 Off Street Parkin Re uirements as related to the re ulation of the size and wei ht of vehicles parked in residential districts. Applicant: _City of Monticello. Clint Herbst stated that the City Council had discussed this about a year or so ago and he wondered who brought it back before the Council. Kimberly Holien said the issue was brought up by the Building Department. The amendrnent that was approved last year was limited to recreational vehicles. In answer to Mayor's Herbst question about the item coming back to Council again, Joel Jamnik stated there is no restriction on when an initiative from the Planning Cammission or staff can come back before Council. Staff indicated that complaints from residents were what initiated the item. Wayne Mayer asked why the complaints hadn't been forwarded to the Council. Wayne Mayer questioned how allowing a tow truck without specifying a size limit would be any more appropriate than allowing a tractor trailer. He said there was nothing in the amendment limiting the size of a tow truck. Wayne Mayer felt this was contrived to come back before the Council Wayne Mayer suggested that Jeff O'Neill should get this information to the Council in the form of a workshop rather than bring it before the Council in this manner. Kimberly Holien said the ordinance amendment has two components. The current ordinance prohibits vehicles in excess of 9,000 pounds in residential areas. Since many SUV's are in the range of 12,000 pounds, it was felt that weight should be changed. Wayne Mayer also questioned the alternative parking areas for restricted vehicles. Joel Jamnik noted that was covered in Sections 8 and 9 of the second ordinance amendment. WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM UNTIL THE CITY COULD SCHEDULE A WORKSHOP TO DISCUSS FULLY THE PROPOSED AMENDMENTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. There was some discussion on whether the City should designate parking places far those vehicles not allowed in residential areas or if that was the responsibility of the vehicle owner. 12. Consideration to re are an amendment to Cit Code for the waiver of buildin ermit fees for residential remodeling proiects or building modifications for Veterans_of the_United States Armed Forces. The Planning Cammission asked that the City Council consider an amendment that would allow for waiving of building permit fees for veterans. A model amendment from the City of Delano was provided for Council review. Wayne Mayer felt that there needed to be clarification that the waiving of the fees was for a veteran who had actually suffered an injury in service. He suggested specifically identifying a disability amount such as a SO% disability. BRIAN STUMPF MOVED TO PROCEED WITH THE PREPARATION OF A CITY ORDINANCE FOR THE PURPOSE OF WANING BUILDING PERMIT FEES FOR RESIDENTIAL REMODELING OR BUILDING PROJECTS FOR VETERANS HAVING SUSTAINED A DISABILITY WHILE ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes:3/24/08 13. Consideration of purchasing crackfilling machiue for Street Department. Street Supt Tom Moores provided information relating to the existing crackfilling machine and its proposed replacement. The existing 1993 Crafco Melting Pot was purchased jointly by the cities of Buffalo, Elk River and Monticello. Buffalo and Elk River have since purchased their own equipment. Crafco and Cimline were the two machines looked at and the Public Works Department felt the Cimline was a better machine of the two. The estimated cost for the Cimline Magma was $39,220.75 including tax. Public Works was also requesting approval to purchase a heat lance gun for $2,128.93 making a total cost of $41,349.68. The old Crafco would be sold and the proceeds split between the three cities. Clint Herbst suggested refurbishing the old equipment and use it for a couple of years. Tom Moores said the new equipment has more safety features. Susie Wojchouski suggesting renting the equipment noting that aver 13 years there was only 1700 hours on the machine. It didn't seem to her that it was used that many hours and that renting may be an option. Tom Moores said the cost to rent the machined is $1,350 a week. The City does crack filling over a period of 5-6 weeks so renting is a costly option. Tom Moores felt the new machine should last the city 15 years. Tom Perrault said it was the safety issue that concerned him. He added that as the city continues to grow the use of the equipment would increase. Tom Moores said the new equipment would allow them to work more efficiently and more safely. He estimated they would save 150 hours. John Simola strongly advised getting rid of the old equipment because of safety issues. Clint Herbst responded if it is a safety issue maybe the City should look at contracting the crackfilling work out. Tom Moores noted that to schedule a contractor to the work it would have to be set up six months in advance. WAYNE MAYER MOVED TO REFAIR THE EXISTING 1993 CRAFCO MELTLING POT AND TO AUTHORIZE THE PURCHASE OF THE HEAT LANCE GUN. CLINT HERBST SECONDED THE MOTION., UPON VOTE BEING TAKEN WAYNE MAYER AND CLINT HERBST VOTED IN FAVOR THEREOF AND BRIAN STUMPF, TOM PERRAULT AND SUSIE WOCHOUSKI VOTING AGAINST. BRIAN STUMPF MOVED TO AUTHORIZE THE PURCHASE OF A 200$ CIMLINE MAGMA 110D MELTER FROM MIDSTATES EQUIPMENT & SUFFLY FOR $39,220.75 INCLUDING TAX AND A CIMLINE HEATLANCE GUN WITH 40' HOSE KIT FOR $2,128.983 INCLUDING TAX FOR A TOTAL FURCHASE PRICE OF $41,349.68 AND AUTHORIZING THE SALE OF THE OLD MELTER IN AS-IS CONDITION FOR $1,500.00 SPLITING THE PROCEEDS WITH THE CITIES OF ELK RIVER AND BUFFALO. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND CLINT HERBST VOTING IN OPPOSITION. 14. Consideration of approval of new safety manual for Public Works, Hi-Way Lipuor, Cit_y_ Hall and Motor Vehicle. John Simola submitted the new employee safety manual and provided background on the work that went into the new manual. Since the City does not have a Safety Coordinator, department heads have carried the responsibility for training their employees. He reviewed the contents of the manual briefly noting that changes in OSHA, AWAIR and other laws have been reflected in the manual. He explained that they have used Safety Train Inc. to provide training. The manual 8 Council Minutes:3/24/08 allows documenting of training and any changes in the safety laws. There were some questions on the cast far training. The MCC whose staff has various shifts rely more an videos for training whereas the Public Works has relied on Safety Train, Inc.. Clint Herbst felt training was expensive and he had a little problem with what the City all had to go through to meet requirements. Wayne Mayer asked if the City was exposed to any liability by something being omitted from the safety manual. The Council suggested that if the manual is meant to be used by the employees it would be better to go with the full manual rather than a summary manual for the employees. SUS1E WOJCHOUSKI MOVED TO APPROVE THE NEW SAFETY MANUAL IN ITS CURRENT FORM AND BEGIN IMMEDIATE IMPLEMENTATION WITH THE FULL SAFETY MANUAL BEING PREPARED FOR HANDOUT TO EMPLOYEES. THE INCREASE IN COST IN HARD DOLLARS WILL BE APPROXIMATELY $1,200 FOR ADDITONAL CONTRACT WORK WITH SAFETY TRAIN, INC. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Consideration. of approval of 3 year contract extension with Elk River Landfill (Waste Management for disposal of mixed municipal waste. Moved to the consent agenda. Added Item• Tom Kelly indicated that a few weeks ago the Council had considered sale of the revenue bonds but at that time the uncertainty of the market made the potential saving by refinancing disappear. At that the Council authorized the Mayor and Finance Director to proceed with the bond sale when the interest rates were at a point where the City could generate $300,000 in savings by refinancing the original bond issue. The sale of bonds took place at a true interest cast of 3.400% SUSIE WOCHOUSKI MOVED TO APPROVE THE RESOLUTION AWARDING THE BIDS FOR THE SALE OF $9,270,000 IN GENERAL OBLIGATION SEWER REVENUE REFUNDING BONDS, SERIES 2008A. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of approving payment of bills for March, 2008. Wayne Mayer questioned the reimbursement far cell phone usage. Tom Ke11y explained that for certain employees it is deemed necessary to carry a cell phone. They are given so many minutes on the city plan or they can use their personal cell phone and get reimbursed for the minutes they use the phone for work based on the rate of the City's plan. Wayne Mayer would like the City to consider issuing city-owned cell phones and restrict the use of the personal cell phone. Wayne Mayer would recommend that far Public Works they look at a company that could give them 2-way service. Tom Kelly indicated there 20-25 employees who are required to carry cell phones. Wayne Mayer asked about a cell phone policy. Tom Perrault asked about the check for the Rotary Club. Tom Kelly indicated that unless the Council approves the check for membership dues it would be voided. Wayne Mayer felt the Rotary Club was 9 Council Minutes:3/24/08 too exclusive and that the taxpayers didn't get anything from the City being a member of that organization. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS EXCLUDING THE ONE FOR THE ROTARY CLUB. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Adiourn. TOM PERRAULT MOVED TO AD7OURN AT 9:55 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 10 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday March 24, 2008 - S p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault and Susie Wojchouski. Members Absent: None. 1. Call to Order. Mayor Herbst called the meeting to order at 5 p.m. The purpose of the workshop meeting was to review and discuss the pay equity report and related issues. 2. Pav Equity Report. Jeff O'Neill provided background on the process used in the pay equity study. The last pay equity study for the City was done in 1991. Employees have had an opportunity to preview the pay equity study and some adjustments were made based on comments that were received. There are still processes needing Council action that need to be completed. These actions are to: 1) Accept the pay equity report including the job descriptions; 2) Adopt the pay scale and method for switching from the old 2007 scale to the new 2007 wage scale and 3) Adopt the COLA far 2008. Sherrie Le reviewed the draft pay equity study. The report was based on information gathered from her meetings with employees and review of their job descriptions. The position evaluation was done using the modified Princeton system which focuses on five factors. Sherrie Le also pulled market information from comparable cities. In her report, Sherrie Le covered the restructuring of certain positions and how that impacts the overall organization of the city. The proposed changes have the Liquor Stare and Deputy Registrar's office reporting to the Finance Director instead of the City Administrator. The 2008 budget had funds set aside for a Human Resources position. This position was one that generated considerable discussion. The Personnel Committee discussed various options for filling the Human Resources Manager position including hiring an entry level Human Resources person, hiring an experienced Human Resources person and having the MCC Director take on the duties. Human resources duties currently being done by the Finance Department and Deputy City Clerk will become the function of the Human Resources Manager. The Program and Projects Coordinator position will be filled by Cathy Shuman. Only 20% of this position's duties will be finance related. Other duties that maybe added to the position could include purchasing and animal control. The Community Development Coordinator was the position of greatest change. In the past Building and Zoning were under the Community Development Director. It was felt that Building Inspection, Zoning and Economic Development are compatible and should all be under the Community Development Coordinator. It is proposed that this will occur in three steps and the Community Development Coordinator will become the Community Development Director. The City Council will look at different ways of doing economic development but no change is expected as long as the current Economic Development Director is still working. A Community Development/City Engineer Assistant was budgeted for but the position will not be filled in 2008. The receptionist will be under the Community Development Coordinator and will provide staff support far the Community Development Coordinator position. There are also changes proposed for the liquor store. Currently bath the Manager and Assistant Manager work days, Monday through Friday which Sherrie Le said was not typical of most liquor stores. The Fersonnel Committee felt it made more sense to have management cover more hours of operation and are recommending that there is less overlap in the hours that bath the manager and assistant manager are on duty at the same time. Sherrie Le felt five full time employees for an off-sale liquor store was too high. The City Engineer will continue to take on more work from the Public Works Director and the Consulting Engineer. The two construction observer positions (their title will be changed to Engineering Technician and Engineering Assistant) will be under the supervision of the City Engineer. For the Street, Sewer and Water and Forks Department their employees will now be called operators rather than mechanics. Sherrie Le spent considerable amount of time discussing the Human Resources Manager position and its duties. The Human Resources Manager could also act as Safety Coordinator. Sherrie Le stated the job evaluation measures what the City needs a position to do and not the person in the position. The job evaluation measures the parameters of what the City requires. Position points should oat be used to reward employees. Sherrie Le said it is not about the employees it is about the position. She recommended evaluating the position every 5-7 years. The process for handling job changes in the future was outlined. The employee or department head can request a review of point, however the job must have changed significantly from the last time it was rated. Sherrie Le said it is hard to be objective if you are in the system and know all the employees. Sherrie Le said just because new duties are added it doesn't change the points. Points are not based on volume of work. Sherrie Le clarified that she only pulled market information for those positions that matched positions in other communities. There is 30% spread from minimum to maximum covering eight steps. It takes seven years to get to the top step. The Personnel Committee wants to base some of the pay increase on performance. Only exceptional performance could get a two step increase. The system allows''/z step increase. Anything other than a one step increase must be approved by the City Administrator. Temporary and seasonal works are not in the salary scale. Only full-time and part-time employees are covered in the scale. For those employees whose pay was quite a bit above the market, Sherrie Le was recommending their salary be frozen until COLA catches up with it. No one can be placed below the Step #1 wage or above the Step #8 wage. Sherrie Le brought up the difficulty in filling the Water and Sewer positions. She felt the difficulty with filling the positions was because the minimum requirements including having a Class D license were too high. Sherrie Le lowered the minimum requirements for the position and recommended that the City look at a negotiated differential for somebody who does have a license. Clint Herbst stated the Personnel Committee worked on this for a long time noting there was serious discussion on employees getting more than a one step increase. He added that the %z increase ar na increase can be used for those employees whose work is not up to par. Tom Kelly went through the positions that had changes. Five positions were frozen and two positions are still being reviewed. Most other positions would have about a 1 % increase. Certain position fell out of the plan's range. Tom Kelly also reviewed the impact the plan will have on the budget. Putting everyone on the new scale would put the City at $138,000. With a 3% COLA, the City would still be $60,000 below what they had budgeted. These figures include the hiring of a Human Resources Manager. Brian Stumpf asked how many times someone had been hired who actually started at Step #l . Tom Moores, Street Superintendent said at Public Works about 95% of the people hired start at Step #1. Jeff O'Neill asked if the Council was ready to adopt the study and the 2007 salary rate. Clint Herbst said he found the numbers slightly disturbing and noted specifically the liquor store. He pointed out the pay difference between the full-time and part-time clerks. Brian Stumpf asked about the salary difference between the two full-time clerks and Jeff O'Neill said the difference was due to longevity. In discussion by the Personnel Committee it was suggested that Weekend/Night Supervisor be changed so that essentially the liquor store would have three clerks at Grade 4, Step #8. It was felt these positions were overpaid. Clint Herbst brought up the option of putting a sunset date on these positions. The Personnel Committee didn't feel anything with pay equity should be approved until the issues with the Liquor Stare were resolved. Tom Kelly and Jeff O'Neill will meet with the liquor store staff and come up with a better plan of operation. Clint Herbst didn't feel any part of the pay equity study should move forward until everything was done including the liquor store. As far as the liquor store, the City wasn't looking at cutting positions but restructuring the hours and moving the Weekend/Night Supervisor to a clerk position. Wayne Mayer stated that what was happening at the liquor store shouldn't be allowed to continue. Tom Kelly said the whole scheduling pattern at the liquor store needs to be redone. Several Councilmembers expressed the opinion that Joe Hartman as Liquor Store Manager should have been present at this meeting. It was pointed out that staff had only received the pay equity information on Wednesday. Clint Herbst responded that the Council didn't see it until they got their agenda and yet they were expected to make a decision on it. Wayne Mayer said the liquor store issues are serious and should be taken care of immediately. Wayne Mayer asked if the COLA could be implemented and have the 20007 salary scale tabled until the liquor store issues are resolved. Tom Kelly felt it would be better to approve the salary scale first and the COLA. Brian Stumpf asked how they could justify freezing the salary of a position for 5-6 years. Clint Herbst responded how could the City justify having five full-time employees at the liquor store. Clint Herbst felt by putting a sunset date on the full-time positions they would end up with more partTtime employees. Sherrie Le agreed there too many full-time positions. It was proposed that for the liquor store as of January 1, 2009 there would a manager, assistant manager and part-time clerks. By giving the employees until January 1, 2009 they would have adequate notice of the proposed change . Susie Wojchouski asked if Sherrie Le had looked at volume of sales when comparing the liquor store to other liquor stores. Sheme Le indicated that she had not. Wayne Mayer voiced the opinion that six months is sufficient notice time for the changes to the liquor store positions. Wayne Mayer suggested not acting on the pay equity study at this time which would give the City time to get the liquor store issues addressed and allow other employees to get any questions or concerns they have answered. He recommended this come back at the April 14, 2008 meeting. Clint Herbst suggested setting a meeting up with the union prior to the next meeting. Tom Perrault brought up the question of having a designated second in command when the City Administrator is out of the office. WAYNE MAYER MOVED TO TABLE ACTION ON THE PAY EQUITY STUDY AND RELATED ISSUES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 3. Adioarn. The workshop meeting adjourned at 6:35 p.m. Recording Secretary Council Agenda: 4/14/08 SA. Consideration of approving new hires and departures for MCC,. Parks, Finance, DMV, and Liquor. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Parks Department, Finance, DMVand Liquor store. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but far the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Lensin ,Sue Deputy Reg. Clerk DMV 3/25/2008 Part-Time Vetsch, Madison Slide Attendant MCC 3/17/2008 Part-Time Oravetz, Kara Lifeguard MCC 3/25/2008 Part-Time Thorsten, Karri Sr. Accountant Finance 3/19/2008 Full-Time TERMINATING EMPLOYEES Name Reason Department Last Day Class Gardner, Samantha Voluntary Parks 2/28/2008 Temporary Berthiaume, Patricia Voluntary Liquor 3/15/2008 Part-Time Ellis, Kevin Involuntary MCC 3/12/2008 Part-Time Lukash, John Voluntary Public Works/Pks 3/31/2008 Full Time employee council list.xls: 4/4/2008 Council Agenda: 4/14/08 SB. Consideration of a rovin urchase of Automark Ballot Marker. A. REFERENCE AND BACKGROUND: In 2006 as part of HAVA (Help America Vote Act) the City was required to have a ballot marking device that would allow the individuals with a physical disability to vote without requiring the assistance of an election judge. Wright County at that time applied for and received a grant which was used to purchase the automated equipment for communities within the Wright County. In the 2008 budget, the City has budgeted for additional election supplies including another Automark Ballot Marker on the assumption that the City would probably split into two precincts. The City Council indicated that they would prefer far 2008 the Community Center facility be utilized solely for the election. If need be the election would be conducted in both the gymnasium and the Council Chambers. If the election is conducted in two separate areas of the same facility, the City would need to equip them both just as if it were two precincts. With that being a possibility, staff is asking that the Council authorize the purchase of a second Automark Ballot Marker. Mike Hoverstein of ES&S has given us two prices. Anew Automark Ballot Marker would be $5,070.00 including tax. There is a one year warranty on the equipment. However, because a number of other states will be using this same equipment for the 2008 elections, the firm is having difficulty meeting the demand and cannot guarantee that we would get the equipment in time for the primary election in September. The second quote is for refurbished equipment which comes with either a one year or two year warranty period. The price for a used machine with a one year warranty is $4,370 or $5,070 for a two year warranty. It should be noted that the quote for the used machines does not include tax. Election equipment is somewhat different from other equipment purchases where a number of quotes are obtained. Vendors of electronic voting equipment must get their equipment approved by the Secretary of State. Cities can only use those voting systems that have been approved by the Secretary of State. As part of the grant application the cities in Wright County submitted a plan to use ES&S equipment consisting of the M-100 and the Automark Ballot Marker. Bud e~ t Im act: $6,500 was budgeted in 2008 for the purchase of this equipment. B. ALTERNATIVE ACTIONS: 1. Authorize the purchase of a new Automark Ballot Marker at a cost of $5,070 including tax. 2. Autharize the purchase of a used Automark Ballot Marker, if any are still available with either a one year ar two year warranty. 3. Motion of other. Council Agenda: 4/14/0$ C. STAFF RECOMMENDATION: If the 2008 election ends up using both areas of the community center, the City would need to have the second ballot marker. If we cannot get delivery of the second ballot marker in time for this election or if it is decided to only utilize the gymnasium, the City would have the equipment on hand for future elections. The ballot marker has only been used for one election so there is not enough equipment history for staff to determine if there is any advantage in going with used or new with the equipment. D. SUPPORTING DATA: Price information from ES&S Dawn, Dawn Grossinger Page 1 of 1 From: Hoversten, Mike [mahoversten@essvote.com] Sent: Wednesday, April 09, 2008 9:53 AM To: Dawn Grossinger Subject: FW: Used Automark Quote Dawn, The price of a new Automark is as follows: Automark Firmware Storage/Transfer case Ink cartridge Two flash cards Delivery Manual $5,070.00 each plus TAX includes one year warranty Delivery not available until September of 2008. Does not include acceptance testing. From: Hoversten, Mike Sent: Thursday, March 27, 2008 10:56 AM To: 'dawn.grossinger@ci.monticello.mn.us' Subject: Used Automark Quote Dawn, As requested the following is a quote on a used Automark. The Automark System includes: Used Automark Firmware Storage/Transfer Case Ink Cartridge Two Flashcards Delivery Delivery Manual "$4,370.00 each with a one year Warranty *$5,070.00 each with a two year Warranty ""Does not include tax or acceptance testing. Quantities are limited 4/9/2008 Dawn, Dawn Grossinger From: Hoversten, Mike [mahoversten@essvote.com] Sent: Thursday, March 27, 2008 10:56 AM To: Dawn Grossinger Subject: Used Automark Quote Dawn, As requested the following is a quote on a used Automark. The Automark System includes: Used Automark Firmware Storage/Transfer Case Ink Cartridge Two Flashcards Delivery Delivery Manual '"$4,370.00 each with a one year Warranty *$5,070.00 each with a two year Warranty "'Does not include tax or acceptance testing. Quantities are limited Page 1 of 1 3/27/2008 Council Agenda: 4/14/08 5C. Consideration of a rovin are nest for a charitable amblin license for the Land of Lakes Choirboys. (JO) A. REFERENCE AND BACKGROUND: The Land of Lakes Choirboys held a charitable gambling license at Jala Penos when it was located 530 Cedar Street. Beginning in May Jala Penos will be located at 512 Highway 25 (former Maus Foods building) and the State Gambling Control Board requires a new charitable gambling license be issued when there is a change in locatian. No charitable gambling activities can take place until the new license is approved. The Land of Lakes Chairboys is requesting approval of the license for the new location. On February 25, 2008 the Land of Lakes Choirboys had come before the Council requesting renewal of their charitable gambling license and had submitted the financial information required by the City. This new license, if approved, allows the Land of Lakes Choirboys to continue to conduct charitable gambling activities still under the auspices of Jala Penos but at Jala Penos new location. B. ALTERNATIVE ACTIONS: Adopt a resolution authorizing the State Gambling Control Board to issue a charitable gambling license to the Land of Lakes Choirboys at Jala Fenos located at 512 State Highway 2S. 2. Do not adopt a resolution approve the license application. C. STAFF RECOMMENDATION: Staff is not aware of any reason why the Council would not allow the State to issue this gambling license. D. SUPPORTING DATA: Resolution CITY OF MONTICELLO RESOLUTION N0.2008-30 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Land of Lakes Choirboys has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Jala Feno Bar and Grill at 512 State Highway 25; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Land of Lakes Choirboys for a charitable gambling license to conduct gambling activities at the Jala Feno Bar and Grill located at 512 State Highway 25 is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14`h day of April, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator Council Agenda: 4/14/08 SD. Consideration of resolution approving renewal of charitable gambling license for Monticello Lions Club. (JO) A. REFERENCE AND BACKGROUND: Monticello Lions Club is requesting approval of the renewal for their charitable gambling licenses Chatters, 4181 Cedar Street and River City Extreme, 3875 School Boulevard. They have submitted the attached financial report covering their lawful expenditures for their past license period. Prior to the State Gambling Control Board issuing a license, the City Cauncil must pass a resolution approving or denying the application. Staff is not aware of any reason why Council would not allow the state to issue this license. B. ALTERNATIVE ACTIONS: Adopt a resolution authorizing the State Gambling Control Board to approve the renewal of the charitable gambling license for Monticello Lians Club to conduct charitable gambling activities at Chatters and River City Extreme. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: Staff recommends approving the resolution authorizing the issuance of the charitable gambling license be adopted. D. SUPPORTING DATA: Resolution Financial Report CITY OF MONTICELLO RESOLUTION NO. 200$-3I RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Lions Club has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not apposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Lions Club for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. Clint Herbst, Mayor ATTEST: 7eff O'Neill, City Administrator To: Monticello City Council From: Monticello Lions Club Subject: Charitable Gambling License The Monticello Lion Club request a resolution for a new Charitable Gambling License for Chatters & River City Extreme. We are a licensed organization, license # 08125, we are currently conducting gambling at these sites. Thank You ~«~ Al Cleveland Gambling Manager Phone 7d3-213-3743 Attachment: Financial statement and a list of donations made in the Monticello area. Monticello Lions Club Charitable Gambling Donations June 1, 200b thru March 31, 2008 Camp Friendship (camperships} $3049 Monticello Senior Citizens $9200 Holiday Food Baskets $2894 Library Sculpture $ 5 0 0 Food Self $3000 Local Family In Need $500 Fire Department (generator) $905 City of Monticello Underground Wiring (w/bridge park) $1000 Christmas Lighting (w/bridge park) $5085 Pioneer Park $9500 Groveland Park (trees) $3000 Monticello School Dist. $25200 Monticello Youth Programs $5150 Glasses & Exams (student ~& adults} $4462 Hearing Aids ,~4~ T For Mon~~,~~,lo . rea X47087 Because we had two sates an Suburne County $26843 Was donated to the Big Lake & Orrock area. Al Cleveland Gambling Manager 763-213-3743 Page 2 Counczl Agenda - 04/14/2008 SE. Consideratiou of a royal of 2008 Wri ht Coun Annual Hi hwa Maintenance Agreement. (J.S.) A. BACKGROUND INFORMATION: This item involves our annual maintenance agreement with Wright County for snow and ice control for portions of CSAH 75 running from Willow Street east to the intersection of CSAH 18. The maintenance agreement also includes snow and ice control on a portion of CSAH 39 West from the City Public Works Facility to the junction of CSAH 75 (Broadway) and a short section of CR 117 approximately two-tenths of a mile long running north from 85th Avenue in the area of the Monticello Township Hall and KMOM Radio. Removed from the annual maintenance agreement this year is that portion of the freeway entrance ramp between Meadow Oak Avenue and Meadow Oak Drive. The county has chosen not to continue doing this work as the road belongs to Mn/DOT. Bruce has discussed the state maintaining this road in the winter or having us maintain it through a contract, but they have declined. We plowed it this winter to keep it open when we drove from Meadow Oak Avenue to Meadow Oak Drive. The local Mn/DOT maintenance shop gave us three loads of salt in return. a. Budget Impact: The payment from Wright County this year amounts to $13,817.52. The remaining costs are budgeted in "snow and ice". b. Staff Workload Impact: There is little impact an staff workload from the changes in this contract. B. ALTERNATIVES: 1. The first alternative is to approve the 2008 Maintenance Agreement with Wright County as enclosed. 2. The second alternative would be not to approve the new agreement with the county for annual maintenance of snow and ice removal. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director that the City Council authorize approval of the 2008 Maintenance Agreement with Wright County as outlined in alternative #1 above. D. SUPPORTING DATA: Copy of the 2008 Maintenance Agreement; Copy of map with maintenance areas highlighted in yellow. J~-rv p~ U~ ~~ i z ~ o ~65~ December 28, 2007 ~UP~C~T~~ WRIGHT COUNTY DEPARTMENT OF HIGHWAYS [~,~wsy En~nON, P.E. (763)682-73$$ Wright County Public Works Building VTRGIL G. t-r2,wxINS, p.E. I9Q1 Highway 25 North Assistant Highwag Engineer Buffalo, Minnesota 553X3 (763) fi$2-7387 Jct. T.H. 25 and C.R. 138 Telephone: (763) 682-7383 FAX.• (763) 682-7313 .feff O'Neill, City Administrator City of Monticello 505 Walnut Street, Suite #I Monticello, MN 55362 Re: 2008 Maintenance Agreement Dear Mr. O'Neill: EtICHARD E. MAR.QUETTE Right of Way Agent (763)6$2-7386 It is once again time to renew our annual municipal agreement far the maintenance activities on the road(s) listed on the enclosed agreement. Wright County will continue to use the same method for computing the reimbursement for these maintenance agreements with Wright County cities. Beginning with the 2001 agreements, we based the reimbursement on the average municipal maintenance costs far the previous three years. Before that, we had based the reimbursement on cast history for only one year. This change minimizes the variability in costs from year to year which can occur, particularly for snow/ice control. The estimated total cast on the attached agreement is based on the average of the years 2004, 2005, and 2006 (since 2007 costs are not compiled yet). Please note that the actual payment for this 2008 agreement will be based an the average costs for the years 2005, 2006, and 2007. I have enclosed two copies of the 2008 agreement far your review and approval by the City Council. This agreement reflects the change to the CSAH 75 segment length due to the interchange project. Please return both copies of the executed agreement. After approval by the County Board, one of the copies will be returned to you for your files. A check reimbursing your city far the maintenance activities covered under our 2007 agreement has already been sent. If you have any questions concerning this or if you note any discrepancies, please don't hesitate to contact our office. Sincerely, L '~ ~~ 4 ~7 Wa A. Fin al an Cou Highway Engineer Enclosure (2) 200$ Municipal Maintenance Agreements Equal Opportunity A~'firm¢tit~e Action ~:mplvyer SUPPdFiT1iV~, 5. Review and ublic in ut on develo ment of the Sunset Ponds Park. Two residents of the Sunset Ponds area were present at the meeting. Tom PaweIk. reviewed the two proposals far play structures that the Parks Commission was considering. Tom Pawelk felt the proposal from Webber Recreation was the top choice and informed the Forks Commission that he had contacted a number of communities regarding the firm's reputation for doing supervised installs. The feedback from the various communities was positive. The proposed park will meet ADA requirements. Brian Stumpf asked about the other proposal and whether it contained as much equipment. Tom Pawelk indicated. that it did. not have equipment for the 2-5 year old range. The installation of the equipment will be done by the Scouts under the supervision of a representative from the Webber Recreation Company. This would save $15,000 on the cost of the project. One resident asked about soccer or ballfields. Tom Pawelk indicated that there would be a field there but it is intended primarily for Iocal use. The play area is located adjacent to the parking lot. Brian Stumpf asked about the $15,000 savings and was told that the savings brought the project cost within budget. Tom Pawelk said the Parks Department will be doing some tree planting in the area. Another resident asked if they would be installing benches. Tom Pawelk responded that would come eventually but picnic tables would be installed initially. Brian Stumpf asked about restrooms. Tom Pawelk said if there is a need for restrooms on site, they would look at using a portable unit which he estimated would cost $50/month. It was questioned whether the City had to provide a unit that was ADA compliant. Tom Pawelk indicated while that it was ideal it was not required. Tom Pawelk added that the park will also have an underground irrigation system but it was not budgeted for this year. Brian Stumpf commended Tom PaweIk for all the work he had done on the development plans for the park. NANCY MCCAFFREY MOVED TO ACCEPT THE PLAY EQUIPMENT PROPOSAL FOR SUNSET PONDS PARK AS PROPOSED. RICK TRAVER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Pawelk stated this item will. come before the Council at their April 14, 2008 meeting. Lf approved it is hoped to have installation completed in July. 6. Park Maintenance. Tom Pawelk submitted a list of work completed by parks staff. The storage shed for the East Bridge Park gardeners is complete except for staining. Swan Park was busy with people coming to the site to view the swans. Tam Pawelk brought up an issue relating to the cemetery. Apparently the retards indicating which lots are used are not accurate and they have had incidents where when preparing the lot for a burial they have come across a vault already there. It is hoped that this summer with the use of GIS and by physically measuring and probing the sites they will be able identify all the lots that contain a vault. They are also proposing to have a map at the cemetery showing the lots and identifying which lots have been said. Tom Pawelk also reported that about 15 sections of the fence have been sold and some sections have been used along the east side of the cemetery. 2 THIS AGREEMEN"f made and entered into by and between the City of Monticello hereinafter referred to as the "City" and the County of WrighC hereinafter referred to as the "County". WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation ofthe County State Aid Highway within its limits as identified in County Board's resolutions of August 28, October $, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be clearly defined, NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. NIAINT. PLAN ROAD SEGMENT MILES COST/ML* TOTAL COST* C• CSAH 75 Willow St. to CSAH 39 5.25 2,504.45 $ 13,148.36 (Includes four lane portion plus turnlanes.) D• CSAH 39 From City Public Works Bldg. to 0.32 851.1 1 272.36 W. Jct. of CSAH 75 C• CR 117 From a point 930 feet north of 85`h NE 0.18 2,204.45 396.80 To 85°i Street NE ESTIMATED TOTAL = 5.75 $13,817.52 That routine maintenance shall consist of the following: (Maint. Plan) C. Snow and ice control. D. 25% snow and ice control. *Based on average annual costs of years 2004, 2005, and 2006, plus $300/mile for four-lane portion (snow/ice control only), That when the City deems it desirable to remove snow by hauling, it shall do so as its own expense. The City shall also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb or street area. That the County wilt be responsible for all other maintenance. That the City shall indemnify, save and hold harmless the County and all of its agents and employees of any Form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County; and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees whi le so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. (Sheet 1 oft) -~ > ~~ • ~ ~ .. ,.,,,u ~,p~ mess me amity and all of its agents and employees of any farm against any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity, arising aut ofor by reason of the execution, omission or performance ofthe work provided For herein to be performed by Che County including, but not limited to, claims made arising out of maintenance obligations of County, engineering, design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City; and that any and all claims that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act ar omission on the part of said County employees while so engaged on any ofthe work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. That in December of 2008 ,the City shall receive payment from the County for their work. This amount shall be based on the 2007 average annual cost per mile for the years 2005, 2006, and 2007 far routine maintenance on Municipal County State Aid Highways. The average annual cost per mile will reflect only those costs associated with the areas of routine maintenance for which the City is responsible. ADOPTED: 20 ATTEST: Mayor City Clerk CI/R7'IFICATION I hereby certify that the above is a true and correct copy ofa resolution duly passed, adopted and approved by the City Council of said City on , 20 City Clerk APPROVED AND ACCEPTED: COUNTY OF WRIGHT ~~ Name of City Chairman of the $pard Date ATTEST County Coordinator Date (Sheet 2 of 2) w ~ ~i~ ~~ a ~ ~ ~ ~~~ Q W °~ ~ ~, yt ~~ M 1 ~' q' o ~ ~, ~„ a ~ a '.' .. ,. R ~ ~ ~3 a ~~ ' _ - ~ ~ ~~ ~ . ~';~ ~ ~ ~- ~~ ~ r s.; .. y ~~ ~y ~~ } . 7 Q _ i .~ a ~ C ~ .s . inn.. ~ ~ ~ ~ ~ cL /.~ ~~/® ~ ,, ~ •~ .. _ ~ s .. ~ ~~. r~ 3 ,~. - SUPBORTING ~~ .. ~~~ 9 ;.~ftig .~ € ~ ~ ~ ~~ . ~ .I ~, .r ~qpr, r ---~ Y~~ ~ ~ ~ I 1 r. a ~~ _ ~ ~ ~ `', ~' ~ i B ~ / ~~ ~~ f ~ ~ s ..y CORP~RATE_- ~+LJM15 ~• i v7 ~ City Council Agenda - 04/14/08 SF. Consideration to review and accept the 2007 EDA-GMEF Financial Statements, Activity Report, and proposed 2008 Cash Flow Projections . (O.K.) A. Reference and, Background: This item is presented to comply with City Ordinance Amendment No. 172, Section 2-3-6 (A), "The Authority shall prepare an annual budget projecting anticipated expenses and sources of revenue;" and (B), "The Authority shall prepare an annual report describing its activities and providing an accurate statement of its financial condition. Said report shall be submitted to the City Council each year." EDA Assistant Treasurer Tom Kelly prepared the Balance Sheet and Statement of Revenue and Expenditures. EDA Executive Director Koropchak prepared the Activity Report and 2008 Proposed Cash Flow Projections. The EDA commissioners reviewed and accepted the EDA annual reports at their April 9, 2008 meeting. You will note on the Balance Sheet, the EDA- Greater Monticello Enterprise Fund (GMEF) cash and investment balance as of December 31, 2007, is $761,299.78 with total assets and liabilities/equity of over $1.6 million. No GMEF loan balloon payments were due or paid in 2007. No GMEF Loans were disbursed in 2007. All GMEF loan pay backs are current. The 2008 Cash Flow Projection includes the final $100,000 payback to the city debt service fund (original dollars from Liquor Fund) as authorized by the commissioners in 2007 and projected disbursement of $300,000 in loans. Two GMEF balloon payments from UMC and Topper's III are due in 2008. Expected cash balance, December 2008, $639,560.90. In addition to the GMEF cash and investment balance, two other sources of funds are available for use by the EDA. They are the loan pay backs from the MIF State/City/UMC Loan and the MIF Federal/City/TCDC Loan. The 2007 year-end combined balance of these two funds plus interest income -investment is $685,276.24. These funds are available to businesses for the purpose to create jobs at liveable wage-levels. The balloon payment on the MIF/Federal/City/TCDC Loan was paid June 2007 and the MIF State/City/UMC Loan is due March 2008. Per the Ordinance, the EDA hereby submits to the City Council a copy of the 2007 EDA- GMEF Balance Sheet; Statement of Revenues and Expenditures, Annual Activity Report; and 2008 Cash Flow Projections (Budget) for review. City Council Agenda _ 04/14/08 [f a council member has questions of the year-end reports, please remove from the consent agenda; otherwise, the EDA requests the City Council make a motion to accept the year-end reports. B. Alternative Action: 1, A motion to accept the 2007 EDA-GMEF Balance Sheet; Statement of Revenues and Expenditures, Activity Report; and 200$ Cash Flaw Projections as presented. 2. A motion to deny acceptance of the 2007 EDA-GMEF Balance Sheet; Statements of Revenues and Expenditures, Activity Report; and 200$ Cash Flow Projections as presented. C. Staff Recommendation: The EDA Assistant Treasurer and Executive Director and City Administrator recommend Alternative No. 1 D. Sup op rting Data• Copy of the 2007 Statements, Activity Report, and 200$ Cash Flow Projections for the EDA 2 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT BALANCE SHEET DECEMBER 31, 2407 ASSETS Cash in Bank Notes Receivable - TJ Martin Notes Receivable - GWJ, LLC Notes Receivable - UMC Notes Receivable - Tapper's 3 Notes Receivable - WSI Notes Receivable - Tapper's 4 Notes Receivable - Karlsburger TOTAL ASSETS: FUND EQUITY Fund Balance Reserved for Economic Development Participation Loans $ 761,299.78 $ - $ - $ 160,501.09 $ 31,204.74 $ 308,940.18 $ 185,069.37 $ 193,108.18 $ 1,640,123.34 $ 1,640,123.34 TOTAL LIABILITIES AND FUND EQUITY: $ 1,640,123.34 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT STATEMENT OF REVENUES AND EXPENDITURES FOR THE YEAR ENDED DECEMBER 31, 2007 REVENUES: Interest Income -Notes $ 29,580.27 Investment Interest Income $ 46,254.05 Loan Fees Revenue $ 400.00 Reimbursable Fees Revenue $ 20,687.67 TOTAL REVENUE5: $ 96,921.99 EXPENDITURES: Legal Fees $ (654.00) Professional Fees $ - Service Fees $ - Misc /Reimbursable Fees Revenue $ 111.87 TOTAL EXPENDITURES: $ (542.13) EXCESS OF REVENUES OVER EXPENDITURES: $ 97,464.12 FUND BALANCE » Beginning of Year: $ 1,542,659.22 FUND BALANCE -End of Year: $ 1,640,123.34 2007 ECdNdMIC DEVELOPMENT AUTHdRITY ACTIVITY REPORT MEETING DATE SUBJECTS April 24, 2007 Motion to approve EDA Officers for 2007: Chair Bill Demeules Vice Chair Barb Schwientek Assist Treasurer Rick Wolfsteller Treasurer Ron Hoglund Secretary Ollie Karapchak Motion to accept the EDA 2006 Year-End Financial Statements and Activity Report for submission to the City Council on May 1 ~l or 29, 2007. Motion to authorize final payment of $100,000 to the Liquor Store Fund in Budget Year 2008. Motion to accept the Business Subsidy Criteria and Bylaws of the EDA as written (na amendments.) Motion to amend Section 3-3-6 of the Bylaws of the EDA to reflect that the annual report shall be provided to the City of Monticello after the EDA annual meeting. August 8, 2007 Reviewed the preliminary GMEF Loan Application from Washburn Computer Group. Motion to approve GMEF Loan No. 026 for Washburn Computer Group in the amount of $275,000, term consistent with conventional lender, fixed interest rate of 6.25% and a loan fee of $200. Collateral, guarantees and other condition requirements to be determined and prepared by the GMEF Attorney. Approval is subject to public hearing an the Business Subsidy, lender commitment, credit worthiness, building plan approval, and council ratification of EDA action. 2007 EDA Activity Report continued A motion to call for a public hearing on August 21, 2007 at 4:00 p.m. for the proposed business subsidy to Washburn Computer Group. August 21, 2007 Public Hearing an Business Subsidy for Washburn Computer Group. A motion to approve the Business Subsidy Agreement far GMEF Loan No. 026 to Washburn Computer Group. December 18, 2007 Organizational Meeting of the Reconstituted Ciry of Monticello Economic Development Authority. Motion to elect Bill Fair as President pro tem and appointed Bob Viering as recording Secretary pro tem of the EDA. Motion to adopt amended Bylaws of the City of Monticello EDA. Motion to nominate and elect Bill Demeules as President of the EDA. Motion to nominate and elect Dan Frie as Vice President of the EDA. Motion to nominate and elect Angela Schumann as Secretary ex officio of the EDA. Motion to nominate and elect Bill Tapper as Treasurer of the EDA. Matian to nominate and elect Tam Kelly as Assistant Treasurer ex officio of the EDA. Motion to adopt Resolution No. 2007-01 accepting transfer of projects and programs from HRA to EDA; approving certain organizational matter. 2 2007 EDA Activity Report continued Motion to adopt Resolution No. 2007-02 providing for the Sale of $6,100,000 Public Project Revenue Refunding Bonds, Series 2008. Motion to approve the Second Amendment to Contract for Private Development by and between the City of Monticello EDA and Master's Fifth Avenue. Motion to approve the Second Amendment to Contract for Private Development by and between the City of Monticello EDA, the City of Monticello, and First National Bank of Elk River, as assignee to Front Porch Associates, LTD. Motion to approve an annual fee increase as presented by Ehlers & Associates. MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) 2008 CASH FLOW PROJECTION BEGINNING CASH BALANCE, January 2008 S 761,299.78 RECEIPTS Appropriations, Expected MTF Fed or State $ -0- Notes Amortization Payments - Tapper Inc. -0- Muller Theater -0-- SMM, Inc. -0- Aroplax Corp. -0- Custom Canopy, Inc. -0- Standard Iron -0- Vector Tool -D-- Tapper's II -0- SELUEMED -0- T.J. Martin -0- Mainline Distrib. -0- Aroplax Corp. II -0- TCDC -0- IRTI -0- EDMA -p- VisiCom -0- UMC $1 62,194.02 Tapper III $ 31,883.26 WSI ($1,483.49 Mo) 6-09 $ 17,801.88 Tapper Holdings ($1,417 Mo.) 7-10 $ 17,004.00 Karlsburger Foods ($1,714.83 Mo.) 3- 12 $ 20,577.96 Interest Income - Investment (est.) $ 30,000.00 Loan Fees $ 200.00 Loan Fees Other $ 3,000.00 Miscellaneous $ -0- TOTAL RECEIPTS TOTAL BEGINNING BALANCE AND RECEIPTS 282 661.12 $1,043,960.90 EXPENDITURES GMEF Loans - Speculative Payment to city debt service fund (Budget year 2008) Legal Fees Miscellaneous TOTAL EXPENDITURES s 300,000.00 S ioo,ooo.oo $ 3,000.00 $ 1,000.00 x,404 400.00 EXPECTED CASH BALANCE, December 2008 $ 639,560.90 Council Agenda: 4/14/08 SG. Consideration of a rovin are nest for a one da charitable amblin license for a raffle at the Hi h School Ballfield on Jul 10 200$. (JO) A. REFERENCE AND BACKGROUND: The Monticello Girls Fastpitch Association has applied to the City far a permit for a one day charitable gambling license to conduct a raffle at the Monticello High School Varsity Softball field on July 10, 2008. Attached is a letter from the Monticello Girls Fastpitch Association explaining the purpose of the raffle and use of the proceeds. Also attached is the portion of the state statutes dealing with high school raffles. In the past the City has nat opposed these exempt gambling license applications for charitable events. B. ALTERNATIVE ACTIONS: Approve the ane day charitable gambling license for a raffle for Monticello Girls Fastpitch Association for July 10, 2008. 2. Do not approve the request. C. STAFF RECOMMENDATION: Staff is not aware of any reason why this application should not be approved. D. SUPPORTING DATA: Letter from Monticello Girls Fastpitch Association Section 609.761 State Statutes ~NTICELLO GIRLS FASTPITCH ASSOCIATION FO Box 902, Monticello, MN 55362 Monday, Apri107, 2008 To whom it may concern, MGFA would like to conduct a fund raising raffle during the summer of 2008. According to the Minnesota Gambling Control Board, our plans fall under the Excluded Raffles section of their regulations, as MGFA is a SOlc3 IRS registered organization, and the planned raffle will distribute less than $1,500 in prizes over 2008. Per the City of Monticello's city ordinance, Chapter 12, Regulation, Licensing, and use of Gambling Devices, we are required to present to the city, our purpose and other details about our organization, and the use of the funds collected by this raffle. This letter is intended to supply that information, and request approval From the city. MGFA has used this raffle process in the past, and has raised anywhere from $2,800 to $4,000. Early years of the raffle, prizes were donated by local businesses. More recently, due to ecpnomic times and difficulty finding partners, MGFA has chosen to self-fund the prizes for the raffle, from raffle proceeds. Either results in an important funding source for the program to continue to provide the young women of Monticello a program and facilities to play softball each year, as well as keep the cost for families as low as possible. 100% of all proceeds, less distributed prizes and ticket printing casts, are put into the general fund for MGFA, and used to pay general bills of the program, such as umpires, field maintenance, equipment, uniforms, and tournaments. This year, we also will be using portions of the revenue to assist in funding our cooperative project with the Monticello High School, building phase 2 our new concession stand and restroom facility. No money from the raffle ever goes directly to the board members, payment for advertising, or in support of any other organization. The raffle for 2008 is currently planned to begin sales on Apri128``', with the raffle held at the Monticello High School Varsity Softball Field on Thursday, 7uly 10"', 2008, at approximately 8:00 prn. The raf~'le is apen to the public, and those who purchase tickets need not be present to win. Winners will receive their prize at the drawing if present, or will be notified the following day, at which time the raffle organizer and prizewinner will determine the best method of collection. Please consider our request for a raffle. If you have any questions, please feel free to contact any one of the board members. Monticello Girls Fastpitch Association Board Members: Matt Zimmerman, President Matt Froelich, Vice President Mike Dalluge, Secretary Bruce Bakken, Treasurer Tnny Woods Steve StofTer Andy Brown 763-295-0881 or612-242-1281 763-295-8398 or612-363-1907 763-295-4595 763-295-2768 763-295-8565 763-295-4454 763-295-8604 609.761, Minnesota Statute Page 1 of 1 200 Minnesota Statutes 609.761 OPERATIONS PERMITTED. Subdivision 1. Lawful gambling. Notwithstanding sections 609.755 and 609.76, an organization may conduct lawful gambling as defined in section 349.12, if authorized under chapter 349, and a person may manufacture, sell, or offer for sale a gambling device to an organization authorized under chapter 349 to conduct lawful gambling, and parrmutuel betting on horse racing may be conducted under chapter 240. Subd. 2. State lottery. Sections 609.7SS and 609.76 do not prohibit the operation of the state lottery or the sale, possession, or purchase of tickets for the state lottery under chapter 349A. Subd. 3. Social skill game. Sections 609.755 and 609.76 do not prohibit tournaments or contests that satisfy all of the following requirements: (1) the tournament or contest consists of the card games of chance commonly known as cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500, smear, Texas hold'em, or whist; (2) the tournament or contest does not provide any direct fmancial benefit to the promoter or organizer; (3) the value of all prizes awarded for each tournament or contest does not exceed $200; and (4) for a tournament or contest involving Texas hold'em: (i) no person under 18 years of age may participate; (ii) the payment of an entry fee or other consideration for participating is prohibited; (iii) the value of all prizes awarded to an individual winner of a tournament or contest at a single location may not exceed $200 each day; and (iv) the organizer or promoter must ensure that reasonable accommodations are made for players with disabilities. Accommodations to the table and the cards shall include the announcement of the cards visible to the entire table and the use of Braille cards far players who are blind. Subd. 4. Social dice games. Sections 609.755 and 609.76 do not prohibit dice games conducted on the premises and adjoining rooms of a retail establishment licensed to sell alcoholic beverages if the following requirements are satisfied: (1) the games consist of board games played with dice or commonly known dice games such as "shake-a-day," " 3-2-1," "who buys," "last chance," "liar's poker " "6-5-4 " "horse "and "aces"• (2) wagers or prizes for the games are limited to food or beverages; and (3) the retail establishment does not organize or participate financially in the games. tic Subd. S. High school raffh Sections 609.755 and 609.76 do not prohibit a raffle, as defined in section 349.12, subdivision 33, conducted by a school district or a nonprofit organization organized primarily to support programs of a school district, if the following conditions are complied with: (1) tickets for the raffle may only be sold and the drawing conducted at a high school event sponsored by a school district. All tickets must be sold fox the same price; (2) tickets may only be sold to persons 18 years of age or older attending the event; (3) the drawing must be held during or immediately after the conclusion of the event; (4) one-half of the gross receipts from the sale of tickets must be awarded as prizes for the raffle, and the remaining one-half may only be expended to defray the school district's costs of sending event participants to high school activities held at other locations; and (S) if a school district's or nonprofit organization's grass receipts from the conduct of raffles exceeds $12,000 in a calendar year or $5,000 in a single raffle, the school district or organization must report the following information to the Gambling Control Board annually: the total amount of gross receipts received, the total expenses for the raffles, the total prizes awarded, and an accounting of the expenditures from the gross receipts of the raffles. History: 1978 c S07 s 6; 1983 c 214 s 38; 1984 c S42 art 12 s 23; 1986 c 467 s 30; 1989 c 334 art 6 s 10; 1997 c 1 SS s 10; 1999 c 187 s 2; 2002 c 378 s 2; 2003 c 110 s 43; 2005 c 166 art 4 s 1 https://wvvw.revisor.leg.state.mn.us/statutes/?id=609.761 4/7/2008 City Council Agenda- 04/14/2008 SH. Consideration of a request for rezoning from A-O_(A~ricultnral Open Space) to R-4 ---.., - {Mobile Home Park) for Kiellberg's Mobile. Home Park. Applicant: Kiellberg's, Inc. (NAC) The Planning Commission reviewed this item at its April 1St meeting and unanimously recommended approval of the rezoning, citing it as an administrative action consistent the current and proposed comprehensive plan land use policies and with the current use of the property. The Commission specifically inquired whether the applicant was proposing any changes to the property or land use and the applicant responded that he was not proposing any changes at this time. A. REFERENCE AND BACKGROUND: Kjellberg's, Inc. has applied for rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, to accommodate the west portion of Kjellberg's Mobile Home Park. The subject site is 64.54 acres in size and is located west of Highway 25 and south of the Muller Theater. ANALYSIS The site was annexed into the City in February 2003 under the current zoning designation. The Zoning Ordinance states that annexed territory shall be in the A-O district unless special action is taken to place it in another district. The use of the property has not changed since the time of annexation, and no special action has been previously taken to amend the zoning of the site. The east portion of the mobile home park was rezoned from A-O to R-4 in 1999. The subject site currently contains a mobile home park. Comprehensive Plan. The Comprehensive Plan has the site designated for Mobile Home Park land uses. Zoning. The site is currently zoned A-O. The purpose of the A-O (Agricultural Open Space) district is to provide a district which will allow suitable areas of the city to be retained and utilized in open space and or agricultural uses prevent scattered non-faanm uses from developing improperly secure economy in government expenditures for public utilities and service. Residential uses of any kind, other than farm dwellings, are not permitted in the District. As stated above, this the default zoning designation that was applied to site upon annexation. The current use of the property under this zoning designation is non-conforming. The applicant has requested rezoning to R-4. The purpose of the R-4 (Mobile Home Fark) district is to provide for mobile home uses and directly related uses. Under the requested zoning designation, the current land use would be permitted. In evaluating the application for rezoning, the Zoning Ordinance asks the City to consider the following: 1. Relationship to municipal comprehensive plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. City Council Agenda- 04/14/2008 4. The character of the surrounding area. 5. The demonstrated need for such use. The subject request is consistent with the Comprehensive Flan. It is not expected that the use will depreciate the area, as the site is currently being used as a mobile home park, and has been far some time. In terms of the character of the surrounding area, the land to the east of the site, across Highway 25, is also a mobile home park and is zoned accordingly. Lot Requirements. Design standards for the R-4 District require that each mobile home site contain at least 4,000 square feet of land area. The minimum dimensions for each site are 40 feet in width and 100 feet deep. It should be noted that staff has not been provided with adequate information to determine if all existing lots will be in compliance with these R-4 District requirements. While there xnay be potential nan-conformities with the performance standards of the R-4 District, the R-4 zoning designation is more consistent with what exists on the site, and the rezoning may actually be reducing nan-conformities from the A-O designation in that regard. B. ALTERNATIVE ACTIONS: Tlie Planning Commission recommends alternative 1 below. Regarding the request for rezoning from A-O (Agricultural Open Space) to R-4 (Mobile Home Park) the City has the following options: 1. Motion to recommend approval of the request for rezoning from A-O to R-4, based on a finding that the subject request is consistent with the intent of the Comprehensive Plan and the character of the surrounding area. 2. Motion to recommend denial of the request for rezoning from A-O to R-4, based on a finding that the subject request will depreciate the surrounding area and there is no demonstrated need for such use. C. STAFF RECOMMENDATION: Regarding the request for rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, staff recommends approval. The proposed rezoning is consistent with the intent of the Comprehensive Plan, and reflects the existing land use an the site. The mobile home park on the east side of Highway 25 is already zoned R-4. The proposed land use designation would eliminate the nan-conforming status of the current land use and as such, staff recommends approval. D. SUPPORTING DATA A. Description of Request B. Site Survey C. Lang Range Land Use map i. Current ii. Draft 2 -'~ '~`~~~~~ PLANNING AND PUBLIC HEARING APPLICATION .;~:.:, ~~~~~: ~~~ ~~ {~~ DEVELQPMENT SERVICES 505 WALNUT STREET, SUITE 1 PLANNING CASE NO. MONTICELLO, MN 55362 City Tiall: (763) 29_5-2711 Fax: ('763) Z95~4404 MOIYT'TCELLO E-Mail: Ca~ntxadeva!ci.monticello.mn.us tr:r::.~:.: :,;~:` '~ ~•:~:~ :::.::.: :««<>< ..t. ~::: r: i:.i iii 'r:ri~. ~: •:iir+»»..»».S~l.:•.~i'~; ~::>>....': ..~ :::?: ::....».»> ::t"' .:.\.. . 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Stage ^ Planned Unit Development -Final Stage ^ SUBDIV)rSION PLAT ^ Sketch Plans Sketch P lan: $50 + review deposit ^ Preliminary Plat Preliminary Plat: $300 + review depasit ^ Final Plat Final Plat: $SO ^ SIMPLE SUBDIVISION $200 + de osit (Based on number of resultin lots REZONING /MAP /TEXT AMENDMENT $200 + deposit ^ COMPREHENSIV.E PLAN AMENDMENT $2D0 + deposit ^ SPECIAL MEETING $3S0 ^ VACATIONS/OTHER 5125 DEPOSIT' PROM BELOW $ TOTAL FEE & DEPOSIT TO BE PAYD Deposits axe estimates only, based nn expenses involved in reviewing application materials by City Staff and consultants; they are subject to modification. Cnusultant services are necessary as determined by City staff fnr Plannex, Engineer, Attorney & other consultants. Applicant is responsible far all expenses rel ated to application reivew. Deposits required as follows. 0-3 acres $2,000 1 unit $500 4-10 acres $6,000 Z-10 units 5150 per unit 11+ acres 510,000 11+ units 51.00 per unit PROPER'T'Y ADDRESSf LOCATION: PROPERTY LEGAL DESCRIPTION: _ ENT ZONING: Agricultural/open Space ^ Residential ^ Business ^ Industrial (CIIECR APPROPRL4T'E L'OIi 8~ CIRCLE APPROPRIATE DISTRICT) AO R1 R1A R2 RZA K3 d R-PUD PZ.R PLM Bl B2 B3 B4 'CD I -1 I -lA I -2 DESCRIBE REQUEST: 1~~~~~~Q~~~~Y~~~,,,_12~G~(~Ir~N' 147,'T~'~~_~ f,{) ~-~--~3~_s~3~t_ ~.1Z ~.Cr'~ ~._~t~.~-~.1rlc~_~'Q. - ~-~-~.C~-~.(,-~L-- .-~ ---`f . ~~~~~~~-~~~_ p ~- T'_~~~5 "I``~._~'._i_^Eli_~i~ _~~l~LGb4=1C~~--l~~ _~.L1-~~y ~~ , 1 a ~ ~ ~~ ~ Z pry p ~i ~ I q b U ~~ ~ U # ~A ~o ~~ i V~ U ~ ~~ a I ~ I ~ ^~ ~ E ~ r'1 ~~ i N D °D6' S4 " E I I N 0 °D6' S4 " E 5f4. 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Q I ~ ~? ~S. -: sr~ r b I .^~` ~"~ ' I _, `2- I I - ~;... _7 _ - I ~^` ~ (~" I _. t Low pertsity R~ssiderKiAl F~tRaruNon Area Low Darby Rpsidentlai (R-1) t„pw DsrIRRy Realder~tial (R-1A) Medium C'hirtsily (attrached hag. ~ Urtran Mtxed-Use Commercial lntfUS.tr1a1 Open Spt~ce MAat~e Hcma Park ~U~UI"@ Ler1t1 („1$!! Qb~CtiYBB. 1 '~ A-' ~' ~ tI'lbC CIS a~#l1Cd !/~@6 RBh4~1' ,/L-i1~1/ 11t1d i ,~ ~Yt7 /!#~ ~ ~`~ ~ {te'a' 1~s r~N ~ ~~ ~~ w ~ ~ ~ ~~,~~ C~~ t~BV! ~, , ~J • • Pigure 3-2: Land Use Plan Map 0 5 ~ ~ ~ 4 ~ `~ ~ ~ ? ~ s s s ~ ~ ~' ~ m ~i ~ m n~ c 'n {5 C ~ N City Council Agenda -04/14/08 SY. Consideration of a request for a Conditional Use Permit for Development Stage Planned Unit Development and corresponding Development Agreement for amulti-tenant commercial building located an Lot 2, Block 1 of the Jerrv Hartung Addition. Applicant: Mike Krutzi~ (NAC) The Planning Commission heard this item at their April 1, 200$ regular meeting and recommended approval of the request with conditions. The applicant presented a revised signage plan at the Planning Commission meeting, which was approved and included as a condition. The applicant has also submitted a revised photometric plan. However, this plan is not compliant with the Zoning Ordinance and a condition of approval has been added, requesting another revision of this document. A. REFERENCE AND BACKGROUND: Mike Krutzig has submitted an application for a CUP for Development Stage Planned Unit Development far a commercial building consisting of up to four tenants on Lot 2, Block 1 of the Jerry Hartung Addition. The subject site is 3.63 acres in area and is located east of Highway 25, west of Cedar Street and south of School Boulevard. Comprehensive Plan. The subject site is guided for commercial land uses in the Comprehensive Plan. Zoning. The site is zoned B-4, Regional Business. The purpose of the B-4 regional business district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Analysis An application far Preliminary and Final Plat for the site was approved by the City in March 2008, as was rezoning from B-3 to B-4. The applicant has now requested Development Stage Planned Unit Development for an 11,000 square foot building on Lot 2, Block 1. Said building will house a 5,431 square foot restaurant use and 5,570 square feet of retail space. The adjacent lot, Lot 1, Block 1, is proposed for future development with one building. The applicant is requesting PUD to accommodate joint access, joint parking and flexibility for signage. Lot Requirements and Setbacks. No minimum lot width, lot area, or setback requirements apply to the B-4 District. For references purposes, the following chart illustrates the proposed setbacks for the site: Pra osed Front Yard Setback 72 feet Side Yard Setback 2 feet Rear Yard Setback 155 feet City Council Agenda - 04/14/200$ Parking. The parking requirement for restaurant uses is one stall far each 40 square feet of gross dining floor area, and one stall for each 80 square feet of gross kitchen floor area. The applicant has submitted a floor plan, indicating that 3,650 square feet is devoted to dining area, with 1,350 square feet is devoted to kitchen area. The parking requirement for retail ar office uses is one parking stall for each 200 square feet of gross floor area. Using this calculation, 10 percent of the building is presumed to be reserved for hallways, restrooms, utilities and the like. As such, the parking requirement for Lot 2, Block 1 is as follows: S uare Foota a 90% S aces Re aired Restaurant Dining Area Kitchen Area 3,650 square feet 1,350 s uare feet 92 spaces 17 s aces Retail 5,013 s uare feet 26 s aces TOTAL 13S s aces The applicant is proposing 170 parking stalls on Lot 2, Block 1, plus an additiona141 future parking stalls. The proposed parking greatly exceeds the requirement for the site. However, the applicant has indicated that the restaurant tenant has requested additional parking to serve the use during peak periods. As a canditian of approval, the applicant shall be required to enter into a development agreement with the City addressing a number of items, including the construction of any stalls designated for future parking. A total of 90 parking stalls are proposed on Lot 1, Block 1. Parking for Lot 1, Block 1 cannot be evaluated at this time, as no information has been provided on potential users for this site. Parking for this lot will be evaluated as the site develops. In any case, it appears as though the entire PUD will provide adequate parking far additional commercial users. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant has stated that these stalls will be revised accordingly. Signage. In the case of a building where there are two or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit maybe granted to the entire building in accordance to an overall site plan indicating their size, location, and height of all signs presented to the Planning Commission. In determining the amount of allowed signage, a maximum of 5 percent of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one pylon or freestanding sign identifying the building which is in conformance with this ordinance. The number of 2 City Council Agenda - 04/ 14/2008 wall signs is dictated by the number of streets on which the property has legal frontage. In this case, the property has frontage on both Highway 25 and Cedar Street. As such, both sides are calculated into the facade area, and wall signage maybe permitted on up to two walls. The building has a total silhouette area of approximately 6,231 square feet. Therefore, up to 311 square feet of wall signage is allowed. The applicant is proposing 470.5 square feet of wall signage, greatly exceeding the maximum allowed for the site. However, some flexibility to wall signage maybe allowed as part of the PUD, and the sign plan dated April 1, 200$ has been deemed appropriate by the Planning Commission. The site has frontage on Highway 2S, and is therefore also permitted to have a freestanding sign up to 100 square feet in area and 25 feet in height. The applicant is proposing a pylon sign adjacent to Highway 25. Said sign is proposed to be 26 feet in height and 161 square feet in area. Again, some flexibility is allowed via PUD and the pylon sign is proposed to serve multiple tenants. This sign is identical to other signs erected by the applicant for other projects throughout the City (Edina Realty/Hirschfield's, Movie Gallery/DeAngelo's Pizza) and was deemed acceptable by the Planning Commission at their April meeting. Access. Access to Lot 2, Block 1 is proposed in the southeast corner of the site, off Cedar Street. A second access is proposed in the northeast corner of the site into Lot 1, Block 1 as that site develops. These curb cuts are approximately 311 feet apart. Internal drive lanes are a minimum of 24 feet in width, and as wide as 32 feet in same locations. The primary access to the site has a drive lane width of 32 feet. In terms of pedestrian access, a bituminous trail currently runs along Highway 25, on the west side of the property with a sidewalk on the east side of the property. As part of the PUD, the applicant is proposing joint access with the Lot 1, Block 1, to the north of the site, and joint access to the existing strip mall at Monticello Business Center Second Addition. As proposed, the site indicates a temporary drive over Lot 1, Block 1 that would be surfaced with Class V at a width of 20 feet. Staff recommends that the applicant revise this drive to a width no less than 24 feet, surfaced with an alternate material. The applicant has expressed an interest in using recycled bituminous as opposed to Class V. This material has been deemed acceptable by staff. The joint access arrangement is allowed by Conditional Use Permit, or as part of a PUD, where adjoining business provide for private cross access between parking lots, provided that: 1. The required landscaping and island areas within the share parking lot meet the combined minimum as required by this Ordinance. 2. The parking lot meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City Engineer. City Council Agenda - 04/14/2008 4. A shared access and maintenance agreement is pravided by the property owners and recorded against all subject properties. The applicant has not provided a maintenance agreement as part of the application. This document will be required as a condition of any approval, and shall be reviewed and approved by the City Attorney. Upon review of the Monticello Business Center Second Addition PUD, shared access to the subject site was approved, conditioned on receiving a shared access and maintenance agreement for that arrangement as well. This agreement shall also be required at this time as a condition of approval. In addition to the conditions of approval, additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Parcel A, full Conditional Use Permit review shall be required to accommodate the shared access arrangement on that parcel with any future user. Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, or one tree per SO lineal feet of site perimeter, whichever is greater, is required. The site has approximately 1,1121ineal feet of site perimeter, requiring 23 overstory trees, and 10,946 square feet of building area, requiring 11 trees. Therefore, the site perimeter requirement prevails. The applicant is proposing 20 overstory trees and three ornamental trees throughout the site, as well as numerous shrubs. While the minimum overstory tree requirement has not been satisfied, the shrubs and ornamental trees may serve as credit for the three remaining trees. In terms of species, the applicant is proposing six Imperial Honeylocusts, four Red Maples, and ten Black Hi11s Spruce. The majority of the tree plantings are proposed along the perimeter of the site. Shrub plantings are proposed around the foundation of the building, and along the south and west boundaries of the site. The ornamental trees are proposed under the overhead power lines, to avoid any interference. In addition to the overstory tree requirement, the applicant is required to provide a minimum of one internal landscaped area/island delineator in addition to any required traffic safety island for each additional 5,000 square feet ofoff-street parking space after the first 5,000 square feet. In this case, a minimum of eight such islands are required. These islands must be a minimum of 173 square feet in area, equal to the size of an average parking stall on the site. The applicant is proposing nine islands, consistent with the minimum requirement for the site. Lighting. The applicant has submitted a photometric plan illustrating seven fixtures mounted on 28-foot poles, and four fixtures mounted on 18-foot pales. The zoning ordinance restricts any light, or combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. 4 City Council Agenda - 04/14/2008 The applicant has submitted a revised photometric plan, illustrating footcandle readings up to 1.5 at the centerline of Cedar Street. The applicant shall be required to revise the photometric plan showing readings that do not exceed 1 footcandle at the centerline. Staff is also concerned with the height of the fixtures under the existing power line easement. In the past, Xcel Energy has not allowed poles in excess of 12 feet in height under overhead power lines. Staff recommends that the applicant reduce the height of these poles under the NSP easement to a height consistent with the policies of Xcel Energy. Building Design. The applicant has provided color elevations for the entire building. The building is proposed to be constructed primarily of red, brown and tan rack face CMU, with red and brown brick on the upper half. Each entrance will be accented with black fabric awnings and glass coverage. The restaurant tenant will have a black and yellow roof screen with a yellow LED accent strip around the top of the building and metal coping. The entrance to the restaurant user will be accented with a yellow entrance sign, extending above the height of the remainder of the building. An outdoor seating area is proposed on the south side of the building, with a canopy and decorative fencing surrounding the perimeter. Grading Plan. The City Engineers have reviewed the proposed grading plan and made the following recommendations: Show the proposed 1-foot contours and how they will tie into the existing grades around the site. 2. It is recommended to use 2% slopes for the parking area. 3. Provide storm sewer design calculations. A complete review of the storm sewer system will be reviewed after these calculations are submitted. You may want to reroute the storm sewer to tie into the existing 30-inch storm sewer instead of the catch basin an Cedar Street. 4. As discussed, consider rerouting the storm sewer on the west side of the site to the existing manhole to the west at the property line of Lot 1 and 2 if the existing storm sewer has sufficient capacity. 5. Catch basins should be a minimum 4 feet deep as per City design standards. 6. Number the catch basins to identify them, bath in the plans and your design calculations. 7. Adjustment of the existing storm sewer manhole on the 30-inch storm sewer may require concrete sections to be removed due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 5 City Council Agenda - 04/14/2008 8. Provide an alternate to permanent barricades placed along the north lot line such as landscaping, temporary curbing or alternative signage. 9. Identify the emergency overflow elevation and route. Utilities. The City Engineer's have reviewed the preliminary utility plan, and made the following recommendations: The sanitary sewer stub fram Cedar Street is 8-inch, not 6-inch as noted. 2. The City requires individual sewer and water services to extend to each building from a City main where there are separate owners for each building. It is understood that there will be one owner for the proposed buildings on Lot 2 and a separate owner for Lot 1. 3. For the sanitary sewer service, the City main as referenced above, will be defined as the 8-inch stub from Cedar Street extending to the manhole within the site. A drainage and utility easement shall be shown on the final plat over this City maintained line. The sanitary sewer manhole shown on the plan should be a standard manhole and not a sampling manhole. A sampling manhole will need to be provided on the service line to the proposed restaurant building and allow for the City to access the manhole for monitoring. If the building adjacent to the proposed restaurant becomes a restaurant or food service-type building, a sampling manhole would need to be installed on the service at that time. In addition, please extend the sewer services fram the proposed City main and not directly from the manhole, to serve Lot 1 and 2. Wye connections should be made just east of the proposed manhole. 4. For the water service, two alternatives were discussed. a. Extend the water service fram the stub an Cedar Street with individual services extending to Lot 1 and Lot 2. A hydrant would need to be provided at the end of the stub to allow for flushing of the main, as this would be a City main. A drainage and utility easement would need to be provided over the City maintained line. b. Extend a separate water service to Lot 2 fram the 12-inch watermain within Cedar Street, while retaining the existing stub to serve Lot 1. The street will need to be excavated to accomplish this. The City is currently updating its detail plate defining utility excavations in streets and will forward that to you. Note existing hydrants and gate valves may need to be adjusted as per City standards. 6 City Council Agenda - 04/14/2008 b. No additional hydrants are required an the site as long as existing hydrants are within 150-feet of building FDC's. In addition, it is assumed that the building will be sprinkled. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Other engineering recommendations include the following: 1. Provide a concrete driveway apron at the site entrance from the cul-de-sac per City Standard Flate No. 5007. Frovide more detail on the entrance grades to verify drainage. 2. The 20-foot wide temporary access will be revised to be 24-feet wide and consist of recycled bituminous material. The access will be located behind the buildings closer to TH 25. 3. The City's experience with parking lot lighting under NSP's easement indicates that a maximum 12-foot high pole is allowed within their easement. 4. A11 detail plates should be revised to reflect the current plates from the City General Specifications dated Apri12007. We will provide those to you along with recent revisions the City has made to detail plates 5. Show the 1:1 zone of influence and corresponding elevations for the 30-inch storm sewer and the foundation of the building. B. ALTERNATIVE ACTIONS: The Planning Commission recommends approval of the Conditional Use Permit for Planned Unit Development. Regarding the request for a Conditional Use Permit Development Stage Planned Unit Development, the City has the following options: 1. Approve the request for a Conditional Use Permit for Development Stage PUD and Development Agreement as presented, based an a finding that the proposed use is consistent with the performance requirements for the B-4 District and provides a quality project that justifies the use of Planned Unit Development. 2. Deny the request for a Conditional Use Permit for Development Stage PUD and Development Agreement, based on a finding that the proposed use is not consistent with the performance requirements for the B-4 District and is not consistent with the intent of Flanned Unit Development. 7 City Council Agenda - 04/ 14/2008 C. STAFF RECOMMENDATION: Staff recommends approval of the CUP far Development Stage Planned Unit Development and corresponding develaprnent agreement, subject to the canditians outlined in Exhibit Z. The applicant has proposed a site layout that is consistent with the performance standards of the B-4 District, and the site appears to function well with neighboring uses. The building design and site layout appear to be consistent with the intent of Planned Unit Development, and therefore staff recommends approval. The development agreement may require minor modifications, but the draft presented outlines the basic terms of the development approval. D. SUPPORTING DATA A. Architectural Site Plan B. Floar Plan C. Preliminary Site Plan D. Preliminary Grading Plan E. Preliminary S.W.P.P.P. F. Preliminary Utility Plan G. Preliminary Landscape Plan H. Details I. Photometric Plan J. Color Building Elevations K. Preliminary Elevations L. Sign Plan M. Comment Letter from the Consulting Engineer, dated 3-28-08 N. Draft Development Agreement Z. Conditions afApproval 8 -c WSB & Associates. !n['. March 26, 2008 Infrastructure ^ Engineering ^ Planning ^ Construction Mr. Mike Krutzig SB22, LLC 9234 State Highway 25, NE Monticello, MN SS362 Re: Monticello Business Center Phase III Plan Review City of Monticello Flanning No. 2008-011 WSB Project No. 1627-87 Dear Mr. Krutzig: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the civil plans prepared by John Oliver & Associates, Inc, dated March 10, 2008, far the above-referenced project and based on discussions at the application review meeting on March 25, 2008, we offer the following comments. Sheet 1/7 -Site Plan 1. Provide a concrete driveway apron at the site entrance from the cul-de-sac per City Standard Plate No. 5007. Provide more detail on the entrance grades to verify drainage. 2. The 20-foot wide temporary access will be revised to be 24-feet wide and consist of recycled bituminous material. The access will be located behind the buildings closer to TH 25. 3. The City's experience with parking lot lighting under NSP's easement indicates that a maximum 12-foot high pole is allowed within their easement. Sheet 2/7 - Preliminar Gradin Plan Show the proposed 1-foot contours and how they will tie into the existing grades around the site. 2. It is recommended to use 2% slopes for the parking area. Provide storm sewer design calculations. A complete review of the storm sewer system will be reviewed after these calculations are submitted. You may want to reroute the storm sewer to tie into the existing 30-inch storm sewer instead of the catch basin on Cedar Street. G:iCuuru~idRnpurrsl~008i041dON103d608CommenFLenend~k Mr. Mike Krutzig March 26, 2008 Page 2 4. As discussed, consider rerouting the storm sewer an the west side of the site to the existing manhole to the west at the property line of Lot 1 and 2 if the existing storm sewer has sufficient capacity. 5. Catch basins should be a minimum 4 feet deep as per City design standards. 6. Number the catch basins to identify them, both in the plans and your design calculations. 7. Adjustment of the existing storm sewer manhole on the 30-inch storm sewer may require concrete sections to be removed due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 8. Frovide an alternate to permanent barricades placed along the north lot line such as landscaping, temporary curbing or alternative signage. 9. Identify the emergency overflow elevation and route. Sheet 4/7 -Preliminary Utility Plan 1. The sanitary sewer stub from Cedar Street is 8-inch, not 6-inch as noted. 2. The City requires individual sewer and water services to extend to each building from a City main where there are separate owners for each building. It is understood that there will be one owner for the proposed buildings on Lot 2 and a separate owner far Lot 1. For the sanitary sewer service, the City main as referenced above, will be defined as the 8-inch stub from Cedar Street extending to the manhole within the site. A drainage and utility easement shall be shown on the final plat over this City maintained line. The sanitary sewer manhole shown on the plan should be a standard manhole and not a sampling manhole. A sampling manhole will need to be provided on the service line to the proposed restaurant building and allow far the City to access the manhole for monitoring. If the building adjacent to the proposed restaurant becomes a restaurant or food service-type building, a sampling manhole would need to be installed on the service at that time. In addition, please extend the sewer services from the proposed City main and not directly from the manhole, to serve Lat 1 and 2. Wye connections should be made just east of the proposed manhole. 4. For the water service, two alternatives were discussed. a. Extend the water service from the stub on Cedar Street with individual services extending to Lot 1 and Lot 2. A hydrant would need to be provided at the end of the stub to allow for flushing of the main, as this would be a City main. A drainage and utility easement would need to be provided over the City maintained line. b. Extend a separate water service to Lot 2 from the 12-inch watermain within Cedar Street, while retaining the existing stub to serve Lot 1. The street will need to be C:'~.CuuncrlRrpurrsiZ008104(408103Z608('ammenH.~rrer. dce Mr. Mike Krutzig March 26, 200$ Page 3 excavated to accomplish this. The City is currently updating its detail plate defining utility excavations in streets and will forward that to you. 5. Note existing hydrants and gate valves may need to be adjusted as per City standards. 6. No additional hydrants for fire fighting purposes will be required on the site as long as existing hydrants are within 150-feet of building FDC's. In addition, it is assumed that the building will be sprinkled. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Sheet 6/7 and 7/7 Details All detail plates should be revised to reflect the current plates from the City General Specifications dated April 2007. We will provide those to you along with recent revisions the City has made to detail plates 2. Show the 1:1 zone of influence and corresponding elevations for the 30-inch storm sewer and the foundation of the building. Final construction plans will need to be submitted, reviewed and approved prior to building permit approval. In addition, please provide the City with a revised final plat for review. The final plat must be recorded prior to building permit approval. Please give me a call at 763-287-7162 if you have any questions or corcaments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. Shibani K. Bisson, PE Project Manager cc: Dale Campbell, John Oliver & Associates, Inc. Bruce Westby, City of Monticello John Simola, City of Monticello Angela Schumann, City of Monticello skb G: ICoum~ilRrpurrr1700810d 1408i0.4:GONC'ommem/~ner.drk (reserved for recording information) CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT CONTRACT LOT 2, BLOCK 1, JERRY HARTUNG ADDITION, MONTICELLO AGREEMENT dated , 2008, by and between the CITY OF MONTICELL.O, a Minnesota municipal corporation ("City"), and SB 22, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR CONDITIONAL USE APPROVAL. On April 14th, 2008 the City approved a Conditional Use Permit for Planned Unit Development for the JERRY HARTUNG ADDITION (referred to in this Contract as the "Development"). The land on which the Development is located is situated in the City of Monticello, County of Wright, State of Minnesota, and is legally described as Lot 2, Block 1, JERRY HARTUNG ADDITION, Wright County, Minnesota. 2. CONDITIONS OF APPROVAL. The City approved the conditional use permit for Planned Unit Development, based on the conditions that: 1. A shared access and maintenance agreement shall be provided by the property owners and recorded against all subject properties in the plat. 2. The applicant shall be required to revise the photometric plan showing readings all the way to the centerline of the adjacent public streets. Readings at the centerline shall not exceed 1 footcandle. 3. The temporary access to the Monticello Business Center Second Addition shall be constructed of recycled bituminous at a width of 24 feet. JerryHariungAddition.vl 1 4. The applicant shall reduce the height of the light fixtures within the power line easement to a height consistent with the policies of Xcel Energy. 5. The applicant shall enter into a developnrxent agreement with the City to address proof of parking, parking in the storm sewer easement, construction of a patio within the storm sewer easement and general conditions of the Flanned Unit Development. 6. The applicant shall comply with all recommendations of the City Engineer, as detailed in the memo from WSB and Associates dated March 26, 2008. 7. Additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Lot 1, Block 1, full Conditional Use Permit review shall be required to accommodate the shared access arrangement on that parcel with any future user. $. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant shall revise the stall length accordingly. 9. Signage for the site shall not exceed that proposed on the revised sign plan, submitted April 1, 200$. 10. Lot 2, Block 1 shall be screened in accordance with the ordinance in relationship to parking. 3. RIGHT TO PROCEED. Within the development, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the fallowing conditions have been satisfied: 1) this agreement and the ftnal plat has been fully executed by both parties and filed with the City Clerk, and 2) the necessary security has been received by the City. Developer will record this Agreement in the office of the Wright County Recorder as promptly as possible after it has been executed by the City and an original thereof delivered to Developer. 4. DEVELOPMENT PLANS. The Development shall be developed in accordance with the plans submitted for conditional use permit review and approved on May 14"', 2006, ("Approved Development Plans") except as modified by the approved conditions noted herein. The Approved Development Flans shall be attached to this Contract. 5. PHASED DEVELOPMENT. A. The developer is seeking to develop only a portion of the plat at this time. At the time that the developer seeks to develop the balance of the plat, such development is subject to all applicable City review and fees, including all sanitary, watermain and storm area charges. 7erryHartungAddition, v 1 2 B. The Planned Unit Development includes a designated "proof of parking" area for Lot 2, Block 1 of the plat, consisting of 41 stalls. Construction of parking in the "proof of parking" area shall require a separate review and approval at the time that sufficient need is demonstrated warranting the improvement. At the time such development of the "proof of parking" area occurs, the Developer shall be required to relocate the landscaping approved per the Planned Unit Development, consistent with ordinance requirements. 6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Development to perform all work and inspections deemed appropriate by the City in conjunction with development. This license is subject to the rights of future tenants of the Development and terminates upon completion of the work and improvements described in this Agreement. The City's agents, employees, officers and contractors entering the Development subject to this license shall exercise and observe reasonable safety precautions in performing work and inspections permitted by this license. 7. EROSION CONTROL, STORMWATER CONTROL AND STREET CLEANUP. Prior to initiating site grading, an erosion control plan shall be implemented by the Developer and inspected and approved by the City. The Developer shall clean dirt and debris from streets that has resulted from site and construction work in the Development by the Developer or any other person or entity. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, or repeatedly fails to clean and sweep streets, and such noncompliance or failure is not cured after ten (10) business days' notice to Developer, the City may take such action as it deems appropriate, including the performance of the necessary work by City staff or contracting to have it performed. Charges incurred with the enforcement of erosion control are the responsibility of the developer. No site and construction work will be allowed and no building permits will be issued unless the development is in full compliance with the approved erosion control plan and storm water control measures are in place. 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the underground utility and drainage improvements lying within public easements shall become City property without further notice or action. 9. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area charge. JerryHariungAddition.vl 3 The storm sewer area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. lp, SANITARY SEWER AREA CHARGE. The Development is subject to a sanitary sewer area charge. The total sanitary sewer area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. 11. WATER MAIN AREA CHARGE. The Development is subject to a water main area charge. The total water main area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. 12. PUBLIC IMPROVEMENTS. A. Lot 2, Block 1 of the plat includes a public drainage and utility easement to accommodate an existing storm sewer. No permanent structure may encroach into the easement area. Non-permanent structures, such as patio enclosures, drive aisles, and required parking may be constructed over the easement, subject to the review and comment of the City Building Official and City Engineer. Any disruption of non-permanent structures lying within the public easement shall be at the expense of the property owner. B. The City has conditioned its approvals of the development applications for the subject property on the construction of certain Street Improvements to Cedar Street ("Improvements") including the future extension of Cedar Street by the City, and. the Agreement of the Developer to pay for a portion of the costs of the improvements. A separate assessment agreement and resolution have been executed in relationship to this improvement. 13. RESPONSIBILITY FOR COSTS. A. The Developer has provided a deposit for the review of the Development. The Developer shall pay all actual documented costs in excess of the deposit incurred by it or the City in conjunction with the development for City administration, legal, engineering and planning expenses incurred in connection with approval and acceptance of the development and preparation of this Contract. All expenses will be billed at project completion. JerryHartungAddition. v 1 4 B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from development, with the exception of any damages or costs resulting from the negligence or intentional acts of the City or its employees, agents or contractors. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City far all reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations due under this Contract within thirty (30) days after receipt. If the bills are not paid an time, the City may halt development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. E. In addition to the charges referred to herein, other customary fees may be imposed such as but not limited to building permit fees, sewer access charges (SAC) and water access charges (WAC). 14. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as reasonably determined by the City, is first given notice of the work in default and the opportunity to cure ,not less than thirty (30 days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 15. MISCELLANEOUS. A. The Developer represents to the City that, to the best of Developer's knowledge, the development complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the plat ceases to comply with county, metropolitan, state, and federal laws and regulations, the City may, at its option, after thirty (30) days notice 7erryHartungAddition.vl ~ and opportunity to cure to Developer refuse to allow construction or development work until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Contract. C. Breach of the terms of this Contract by the Developer, after thirty (30) days notice and opportunity to cure, shall be grounds for denial of building permits and a certificate of occupancy. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. The action or inaction of the City or Developer shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's or Developer's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the real property described in Paragraph 1 and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests such property with the exception of the Mortgage to be granted to U.S. Bank N.A.; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance JerryHartungAddition. v 1 H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Contract without the written permission of the City, which shall not be unreasonably withheld or delayed. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells a part or parts of the Development, provided Developer shall be released from its obligations hereunder related to the Pad Site from and after the date on which fee title to the Pad Site is transferred to a third party. Upon completion of all of the work and improvements described in Paragraphs 3 through 17 of this Contract and Developer's compliance with its obligations under Paragraphs 3 through 17, at Developer's request, the City will execute and deliver to Developer a Partial Release of this Contract in recordable form. The provisions of Paragraphs 1 and 2 of this Contract related to approval of the Conditional Use Permits for the Development shall remain in effect and. survive the execution and recording of such Partial Release. In addition, the Fad Site shall not be released from the provisions of this Contract until such time as an Amendment to this Contract or anew development contract is entered into with the developer of the Fad Site. 16. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: SB 22, LLC, Attention: Michael Krutzig, President, 9234 Highway 2S, Monticello, Minnesota SS3b2. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Monticello City Hall, SOS Walnut Street, Monticello, Minnesota 55362. Notices shall be effective upon delivery, if hand delivered, or one (1) business day after the date of mailing, if mailed.. Either party may change its address for notice purposes by notice to the other party given in the manner provided in this Paragraph. CITY OF MONTICELLO JerryHarivngAddition. v 1 7 BY: (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) Clint Herbst, Mayor Rick Wolfsteller, City Administrator The foregoing instrument was acknowledged before me this day of , 2006, by Clint Herbst and by Rick Wolfsteller, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: BROADWAY MARKET INVESTORS, LLC BY: Its: JerryHartungAddition. v 1 $ STATE OF MINNESOTA COUNTY OF under the laws of Minnesota, on behalf of the limited liability company. NOTARY PUBLIC DRAFTED BY: C[T'~ o~ MONT[CELIao 505 WALNUT STREET, SUITE 1 MONTICELLO, MN 553b2 AMS ( ss. The foregoing instrument was acknowledged before me this day of , 200b, by the of SB 22, LLC, a limited liability company JerryHartungAddition. v I MORTGAGE HOLDER CONSENT TO CONDITIONAL USE PERMIT AND DEVELOPMENT CONTRACT U.S. BANK, NATIONAL ASSOCIATION, a national banking association, which holds a mortgage on the property described in the above Conditional Use Permit and Develapment Contract, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby jain in, consents, and is subject to the foregaing Canditianal Use Fermit and Development Contract and agrees that the Canditional Use Permit and Development Contract referenced therein shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2006. STATE OF MINNESOTA ) ) 5S. COUNTY OF U.S. BANK, NATIONAL ASSOCIATION By; Its: By: Its: The foregoing instrument was acknowledged before me this 2006, by and by the and Bank, National Association, a national banking association, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Associcrtinn 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 TMS/cjh of U.S. day of JerryHartungAddition,vl 10 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Monticello 505 Walnut Street Monticello, Minnesota 55362 Dear Sir or Madam: We hereby issue, for the account of ame of Develo er and in your favor, our Irrevocable Letter of Credit in the amount of $ ,available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ,dated , 2 , of __ (Name of Bank; b) Be signed by the Mayor or City Administrator of the City of Monticello. 2007. c) Be presented for payment at (Address of Bank,, on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Monticello City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Monticello City Administrator, Monticello City Hall, 505 Walnut Street, Monticello, MN 55362, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its JerryHartungAddiCion.vl 11 CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Monticello 505 Walnut Street Monticello, Minnesota 55362 INSURED: ADDITIONAL INSURED: City of Monticello AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE -Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: OClaims Made OOccurrence LIMITS: [Minimum] Bodily lnj ury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy$1,000,000 or more JerryHartungAddition.vl 1 ~ COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Froperty Damage: $500,000 each occurrence -OR- Combined Single Limit Folicy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] JerryHartungAddition. v 1 13 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAH. TEN (10) DAYS ITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative JerryHartungAddition.v 1 ~ 4 City Council Agenda - 04/14/2008 Exhibit Z Conditions of Approval SS 22, LLC/Mike Krutzig Planned Unit Development 1. A shared access and maintenance agreement shall be provided by the property owners and recorded against all subject properties. 2. The applicant shall be required to revise the photometric plan showing readings at the centerline of Cedar Street that do not exceed 1 footcandle. 3. The temporary access to the Monticello Business Center Second Additian shall be constructed of recycled bituminous at a width of 24 feet. 4. The applicant shall reduce the height of the light fixtures within the power line easement to a height consistent with the policies of Xcel Energy. 5. The applicant shall enter into a development agreement with the City to address proof of parking, parking in the storm sewer easement, construction of a patio within the storm sewer easement and general conditions of the Planned Unit Development. 6. The applicant shall comply with all recommendations of the City Engineer, as detailed in the memo from WSB and Associates dated March 26, 2008. 7. Additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Lot 1, Block 1, full Conditional Use Permit review shall be required to accommodate the shared access arrangement an that parcel with any future user. 8. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant shall revise the stall length accordingly. 9. Signage far the site shall not exceed that proposed an the revised sign plan, submitted April 1, 2008. 10. Lot 2, Block 1 shall be screened in accordance with the ordinance in relationship to parking. 9 ES'~~Z ~„0~~5t~aE9S __ - ,.. .~ •: .._ . RKING. FUTURE PA - 1 1 I 1 i IJ .r ' -_._ 4L 9 ~_..~ ~L ~_ t~ ~y 9 L m rn rn _i._..,..,~. saaiM pnayaano 0 c m rn ~ ~ ._... aim pbayaan~ ~ li -~ Z _. - -^~ ~ ._._{~ I ,... ............... ..{~ I ~ !I I m i ~ v ~ I *Z c i ~ I ~ ...., it J ~ I :.-.:~: 11 j :: ' z N V h7 IV W m m w `~ N rn -~ 70 C Z ,_.. n O rN„ V 1 IT~CTS, INC r _.. ~ r _.. .i ~ - --, ~o ~o~ ~ rn R~~ ~l J~ • J~ '~~ ti. I ~ O ~ O ~ O O ~, ~ a ,a ~ rn ~ a ~n 1 • D ~~: N _, . _. 1/ o ~, o , -- _ _ _ _ . _ __ .. rn -.~ .~. r I J J _~~ ~ ~~ ~_ ~~ -~J ry J JS INC /,/ / ~! / _ ~ _ ,. r \T I / I _ ~ ~ ~ ~.d„5j _ -ten ~-~-. ° ~ I _. ' r.. .. 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"/ •-t]tulr•s 5=ct.~i/{y7~ -.. r . r FUTIL d - p rR3 -Jd/ 2Ur2 , u JA.1 iG3 i~ti C,vJG 6137 7- 2 ~ w . T - Mike Krutzig uN TFx, ~~~rf~E •- njyc~FP „~. E[l J:~~e~ ,,•< ~~,>-r,av;u4, . s,9„¢t~rP.- _ . ~ PF X - ~- ~l PRELIMINARY UTILITY PLAN x..xax. X,<c Dr]t x>; Lc ~+~ Y.xx;r; FILF P1p ~. 68 77 ..0-03 - 7 L DPTF, ~~F. S(:('tl F'T 1011 $I~ ~--- ~ %' ~IrN ~ ~~~ ~I~ ~ i ~I~ i ~~ ~~ ^1 ~=~~? ,I i )> , C ~I_ ,~J ; • -- - -- _ ~..~ %~' ~__ i,< ...__. _~ ... ~, L -------`--...J1O""~ _ _ - srREer _ ~. - ~ ~ w.. - _ ~~ m ~ in ~ ~I~~ ~~4~= N ,.~ _. s~ ~- x ~ r I m ~r~ ~ ~, ~~ mij 8 I ~ I ~ ru ~~ n~ Iric? .~ an ~ zom cz cn ~~ m-A ~~) `n'om x~ cNa x ~ A- ~~ ~~ Rio v,yn ~~ 7~ N`" ~~ nj Hz, ~~ rn m y ~ ~ r- ~y m ~` o0 .~ N -v ~ ~~ -. 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NONE \ F ILF No _. 697_/ ~0-03 ~ pETAILS o~te LI° r{ ~ xxxr.x p4TE I UESCF;{F'Tlpl"I :,1 ~ M1t nL~ .{ ~ z 7_ _ - r S = rn y ..... ..... :,rte , ~ m ylm ys ~ ~ G ~ m ~° ~~ yo ~ S lmm Z;p Y. _,Qr ~ ~Z m ~r» y' °=m ~ ~ .,b ~r C ~-~nii v,~ r~'i ~-v amp M ~~ ~ T f Mini. 7' _ -y Z.n Y c~ n rani. .. ., ~ ~ -- - - - - G ~ - ra u ~'. , Z O f•l z c T cn -i ~ ~, 0 n -, N a z 0 a a C4 n Y O fn m C I'l z m n m ~Z O C (~ { - ;I " ~~, h- v ~ I ( -~ ~ ~ `~ ~ i ;, . m I -~ . a - n i :.0" .., r-- -- ~!ili z z a 7.- f~ T.. ti m m a ~ ~ n F> m ~ =1- s~-1 ~ PAII! G a m ~, n_ ~r _ nc n T I hereby czrtify Chet tViis plan, 5pec.i(- UArE.~„_-..O~Q/GG ~~ ~ = Monticello Business Center F'hase III John Oliver & Associates, inc. CM1 e+{ El,p ,~g Ln d 5 e~(eyr„q, LnnJ PIRn,+b+g eatio/1o~ yep„rt w°` pr°"are(, by f1e ~(~(„~,~~i <(ra~,t 51F 5,ar, „~ C`r that I ~§, it W L ne i Frotess r+nal - ue~ICLJ er- ~~~~. (1M L~Pgwfd Fr' _ \ Z (~ MN MONTICELi_0. 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Consideration of a royal of the S ecial Assessment A reement and Ado tin S ecial Assessments for Cedar Street Im rovements for the Jer Hartun Addition. (City Attorney/AS) A. REFERENCE AND BACKGROUND The developer of the Jerry Hartung Addition, Mr. Mike Krutzig, has reviewed the assessment agreement and resolution with his attorney. At the recommendation of his attorney, Mr. Krutzig has indicated to City staff that he is agreeable to execution of this agreement as written. At its March 10`", 2008 meeting, the City Council approved the final plat of the Jerry Hartung Addition, a two lot commercial subdivision south of the Monticello Marketplace Addition. Final plats are most often accompanied by a corresponding development agreement. In the case of the Jerry Hartung Addition, the final plat requires only an assessment agreement and related resolution. The City Attorney has advised staff that recent court decisions have necessitated the use of assessment agreements and corresponding resolutions. Waivers of assessment hearings and/or appeals can no longer be incorporated into the development agreement alone. Negotiated assessments must be formalized by separate assessment agreement and resolution. As such, the City Council is asked to approve the assessment agreement and adopt a resolution of special assessments for the Jerry Hartung Addition. The proposed plat includes no major public improvements with the exception of the proposed extension of Cedar Street. Therefore, the agreement only includes assessment information for Cedar Street. The major points of the assessment structure are as follows: • The City will build the Cedar Street extension. The developer has provided right-of--way in the approved plat for the future extension. • The assessment for the construction will be deferred until the time the road is extended. The assessment is based on an engineer's estimate of the 2008 per front foot cost of the road improvement. The pending assessment will continue to be based on the actual cast of the road at construction, which has been estimated for the agreement's purposes on the per front foot cost, plus a 4% construction cost index per year. • The assessment agreement includes a sunset date, which indicates that if Cedar Street is not extended by 2038, the property owner is not obligated to the assessment. It should be noted that a development agreement will be required as part of the Conditional Use Permit far Planned Unit Development, which is also on the Council's agenda for consideration. The development agreement will cover items specific to the terms of the Conditional Use Permit site development. B. ALTERNATIVE ACTIONS Motion to approve the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements far the Jerry Hartung Addition. City Council Agenda - 04/14/08 2. Motion to deny approval of the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements for the Jerry Hartung Addition. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends alternative 1 above. D. SUPPORTING DATA A. Special Assessment Agreement and Resolution Adopting Special Assessments for Cedar Street Improvements for the ,Terry Hartung Addition. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-33 APPROVING SPECIAL ASSESSMENT AGREEMENT AND ADOPTING SPECIAL ASSESSMENTS FOR CEDAR STREET IMPROVEMENTS WHEREAS, the City has received and approved an application for rezoning, resubdivision and replotting for Michael Krutzig/SB22 LLC, a Minnesota Limited Liability Corporation ("Developer"), for land legally described as: JERRY HARTUNG ADDITION WHEREAS, pursuant to authority granted it by Minnesota Statutes 462.358, Subd. 2a (2008), the City has conditioned its approvals of the development applications far the subject property on the construction of certain Street Improvements to Cedar Street ("Improvements") including the future extension of Cedar Street by the City, anal the Agreement of the Developer to pay for a portion of the costs of the Improvements, and; WHEREAS, the City has received a Fublic Improvement and Special Assessment Agreement (a copy of which is attached hereto as Exhibit "A") from the Developer for City construction of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The Assessment Agreement is hereby approved. The Mayor and City Clerk are authorized and directed to sign the Agreement. 2. Such proposed assessments, as amended, are hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. The property owner may, within 30 days of the execution of this agreement, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The owner may at any time thereafter pay the City the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The cost of the improvements assessed by this resolution to the property as identified in the attached Assessment Agreement is $45,967.50. Terms of the Assessment shall be as provided in the Special Assessment Agreement. ADOPTED this 14th day of April, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: Dawn Grossinger, Deputy City Clerk SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT (the "Agreement") made this 24th day of March, 2007, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City") and MICHAEL KR.UTZIG/SB 22 LLC, residing at 9234 State Highway 25, NE, Monticello, Minnesota ("Developer"). Recitals: A. The Developer owns the Subject Property located in Wright County legally described as follows: JERRY HARTUNG ADDITION B. The Developer has applied for and received certain approvals relating to the Developer's proposed development of the Subject Property, including rezoning, resubdivision, and replotting. C. Consistent with city subdivision regulations and other official controls, the City conditioned its approvals on the dedication of right of way, extension. and construction of Cedar Street abutting the Subject Froperty. D. Due to the uncertainty of determining the most appropriate alignment of Cedar Street to serve properties to the south of the Subject Property, the City and Developer have determined it to be in their mutual interest to delay the construction of the extension of Cedar Street. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The City will be responsible for constructing the extension of Cedar Street abutting the Subject Property. The construction of Cedar Street shall be within the area dedicated on the plat of the Subject Property or in an alternate alignment as determined by the City. 2. If the City determines not to extend and construct within the right of way dedicated on the plat of the Subject Froperty for that purpose, the City will vacate that portion of the right of way that it determines in its sole discretion as not necessary for the extension of Cedar Street. 3. The Subject Fraperty shall be assessed costs, fees and charges associated with the construction of improvements to Cedar Street abutting the Subject Property to serve and benefit the Subject Froperty in the amount of $45,967.50 based on an estimated construction cost determined as follows: $202.50 per front foot x 227 feet. 4. The first installment of the assessment is to be deferred until construction of the improvements. Until completion of construction, the deferred assessment amount shall be increased annually by 4% (based on the construction cost index increase per year) from the date of this agreement until construction of the improvements by the City or others. The first installment of the assessment against the Subject Property shall be payable in the year following construction of the extension upon notification to the Developer and to the County of the amount to be assessed or a reduced amount based on the actual costs of construction, and shall be payable over a five (5) year period, accruing interest at the rate of 1.5% over the City's current band rate per annum commencing from the date of the completion and acceptance by the City of the improvements and notice to Developer of the adopted or revised assessment amounts. The Developer may prepay the assessment. 5. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. § 429.0$1. 6. This Agreement shall be binding upon the Owners and the Owners' successors and assigns. This Agreement maybe recorded against the title to the Subject Property. The City may reduce the amount of the assessment and this Agreement terminates if the raad improvement is not ordered by the City on or before April 1, 2038. CITY OF MONTICELLO BY: Clint Herbst, Mayor (SEAL) AND Jeff O'Neill, City Administrator DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss. GOUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 200$, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF WRIGHT partnership, an its behalf. ( ss. The foregoing instrument was acknawledged before me this day of 2008, by the of a Minnesota limited NOTARY PUBLIC Council Agenda: 4/14/08 SK. Cousideration of approving a request for charitable gambling license for Monticello Youth Hockey at the Monticello Country Club. (JO) A. REFERENCE AND BACKGROUND: The Monticello Youth Hockey Program is requesting Council approval of a charitable gambling license at the Monticello Country Club. The gambling operations would be conducted from May 1 through October 31 of each year. Currently the Monticello Youth Hockey Program has charitable gambling licenses at Hawk's Bar and Grill and Cornerstone Cafe. Earlier this year the Council approved a one day license for Monticello Youth Hockey at River City Extreme. At that time Councilmember Mayer question that the financial information submitted was for the license period December 31, 2004-December 31, 200b. Charitable gambling licenses run for a two year period so when the license renewals come up in December of 2008 they will be submitting the financial far the 2007-20081icense period. Mr. Trent Gifford from the Monticello Youth Hockey Association indicated that the information submitted to the Council earlier and included with this agenda is the most current financial information they can present. Mr. Gifford stated the Monticello Youth Hockey's financial records for charitable gambling have passed audits by bath the Department of Revenue and the State Gambling Board. B. ALTERNATIVE ACTIONS: Approve the request far a charitable gambling license for Monticello Youth Hockey Program far the Monticello Country Club, 1209 Golf Course Road. 2. Do not approve the charitable gambling license. C. STAFF RECOMMENDATION: Staff is not aware of any reason why the Council would not approve the state issuing this gambling license. D. SUPPORTING DATA: Letter from Monticello Youth Hockey Financial Information from last license period. Monticello Youth Hockey Program, Inc. D / b / a Stars Youth Hockey April 8, 2008 City of 1Vlonticello Monticello, MN RE: Chartable Gambling To Whom It May Concern: This letter is an explanation of how the charitable gambling proceeds are used to benefit the Monticello community as a whale. Disbursements from the gambling operations are used mainly to purchase ice time at the Moose Sherritt Ice Arena for the 240 plus children that are skaters in our program. The youth hockey program is the major contributor to the ice arena which makes ice time available to the community in general. The program is also able to sponsor tournaments which draw in teams and families from other communities across the state to visit, shop and eat in Monticello. Charitable gambling proceeds are also used to purchase jerseys and other equipment from mainly local outlets for the youth teams. Safety equipment has also been purchased and made available to our youngest skaters. The charitable gambling proceeds in general allow us to control the cost to the members in order to allow a larger portion of the community to participate in the program. An increase to our charitable gambling proceeds would increase our ability to invest in our community's youth and the community in general. Sincerely, Thomas Frederick Treasurer Stars Youth Hockey CITY OF MONTICELLO RESOLUTION N0.2008-32 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Hockey Program has submitted an application to the City Council of Monticella far a charitable gambling license to conduct gambling activities at Monticello Country Club at 1209 Golf Course Road, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Manticello Youth Hockey Program for a charitable gambling license to conduct gambling activities at the Monticello Country Club, 1209 Galf Course Road is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator r z 4 c~ 0 c~ a m c~ o ~ ~. ~. r C'' (`~ ~ ~ In C' ~ ~ N „~ u.i ~ r ~ ~ ~-' ~ ~ ~~ ~ ~ ~ ~ ~"'~ ~~ ~ M ~ ~ ~, ~ -_ ~ -°~' ~ 0 ~~ N h ~ ~ a~ rv ~ ~ d .~ ~ a ~ W ~ ~ o ~ ~ ~ ~ .~ ~ ~ ~ y q~ "~ ~ G. ~ Q. V ~ y Z a ~ a ~'~ ~ ~, ~ ~ a ~ ~ a ~~ w t~ ~ t~ ~ a ~ v~ C7 Q Z F•- . ~ Z 'uf w w l 'd OCOS '°N dll ~3~d8 A N~~31S INd~bO~ l 9002 'Zl '~a~ MONT'~CELLO YOUTH HOCKEY For kil Sites From 1~1f?005 to 12/31/2006 Date _ l'`htitten Check Number Payee Description Total Par 3/9/2005 3081 SCSU ICE TIME RENTAL 5837.50 3/9/2005 30$2 BUFFALO CIVIC CENTER ICE TIME RENTAL 8965.00 4/1/2005 3129 CITY OF BUFFALq ICE TIME BILLS 4890.00 8/31/2005 3289 LUVERNE HOCKEY ASSN YOUTH HOCKEY EXP 250.00 8/31/2005 3290 LWERNE HOCKEY ASSN YOUTH HOCKEY EXP 250.00 8/31/2005 3291 ST CLOUD YOUTW WOCKEY YpUTH HOCKEY EXPENSES 525.00 6/31/2005 3292 WSPYAA YOUTH HOCKEY EXPENSES 500.00 $/31/2005 3293 WSPYAA YOUTH HOCKEY EXPENSES 500.00 8/31!2005 3294 WAHC YOUTH HOCKEY EXPENSES 575.OQ 8!31/2005 3295 HCHA YOUTH HOCKEY EXPEN5E5 550.00 8/31/2005 3296 R&R SPECIALTIES YOUTH WOCKEY EXPENSES 3$89 77 10/4/2005 3339 PNLS YOUTH HQCKEY EXPENSES , 350.00 10/13/2005 3372 MONTICELLb ICE ARENA YOUTH HOCKEY EXPE;N$E5 1575.00 10/20/2005 3374 US HOCKEY HALL OF FAME YOUTH HOCKEY EXPENSES 4pp 00 10!30/2005 3379 AST SPORTS YOUTH HOCKEY EXPENSES . 2981 50 10!30/2005 3360 HOCKEY ZONE YOUTH HOCKEY F~CPENSES . 3210,96 11130/2005 3418 EVELETH YOUTH HOCKEY YOUTW HOCKEY EXPENSES 475.00 11/30/2005 3419 MOOSE SHERRITT YOUTH MOCKl:Y EXPENSES 10012 50 11/30/2005 3420. BUFFALO CIVIC CENTER YOUTW HOCKEY EXPENSES . 1530 00 11/30/2005 3422 WOCKEY ZONE YOUTH HOCKEY EXPENSE5 . 69 58 12/1/2005 3426 MOOSE SWERRITT YOUTH HOCKEY EXPENSES . 17475.pD +/27/2006 3507 MOOSE SWERRITT YOUTH HOCKEY EXPENSES 15262.50 '.7/2006 350$ BECKER ARENA PRODUCTS YOUTH HOCKEY EXPENSES 1277.47 .,27/2006 3309 AST SPORTS YOUTW HOCKEY EXPENSES 2718 79 2M 4/2006 3519 MOOSE SHERRITT YOUTH HOCKEY EXPENSES . 15162.50 2/19/2006 3523 MOUND WESTONKA WOCKEY ASSOCI YpUTH HOCKEY EXPENSES 300.00 3/10/2006 x562 STMA YOUTH HOCKE=Y YOUTH HOCKEY EXPEN5E5 7DOO UU 4/1/2008 3599 A3T SPORTS YpUTH HOCKEY EXPENSES , 5060 35 4/3/2008 3602 MOOSE SHERRIT ICE ARENA YOUTH HOCKEY EXPENSES . 711)0 50 4!3/2006 3803 MOOSE SHERRI7T ICE ARENA YOUTH HOCKEY EXPENSES , 14668 75 4/3/2006 3804 BECKER ARENA PRODUCTS YOUTH HOCKEY EXPENSES . 1377 50 4/3/2006 3605 JOHNSON BRUNS 8 CO AUpIT . 2232 55 7/31/2006 3771 MOOSE SHERRITT ICE ARENA YOUTH HOCKEY EXPENSES . 2437 09 11/1/2006 3885 MOOSE SHERRITT ICE ARENA YpUTH HOCKEY EXPENSES . 4237.50 Total of Total of Organization 145057.31 145057,31 20:8a:95 ta4Rog7 M~nneswa GemWvr Contribution Report MONTICELL~Q YOUTH HOCKEY Page 1 Far All Sites From 4/112D04 to 3/31/2005 taste Check ' Written Number Aayee Description Total For 5/28/2004 2687 STATE= pF MINNESOTA 512612DD4 052604 UBI TAX REFUNa 7/31/2004 1 UBI TAX REFUND 8/18/2004 2772 WELLS FARGO 8/15/2004 2773 MINNESOTA REVENUE 9/17/2004 2847 STARS HOCKEY 11/15/2004 2894 STATE OF MINNESOTA 12/2012004 2970 JOHNSON BRUNS & CO 2/28/2005 UNSOLD Tax Cregit/Refund from Fnrm 3/9/2005 3081 SCSU 3/9/2005 3082 BUFFALO CIVIC CENTER Total of 45638.48 Total of Orgamzafion ass3g,48 r r 1B2'7':7C117172r20pBM'vmes+ola Gl111tJMr 375.00 -1 fi9.$8 REFUND -283,11 U81 TAXES 140p.00 UBI TAXES 850.00 OPERATING EXPENSES 30000.00 LICENSE FEES Boo.oo AUDIT 2100.00 -4936.02 ICE TIME RENTAL 5937.50 ICE TIME RENTAL 9965.00 ~ 'd OI OS '~N fl I1 N~~dfl A NaA~ I S W~tiO ~ l 901. '7.l '~ a(i City Council Agenda - 04/14/08 SL. Consideration to annrove the Reaffirmation and Reinstatement of Assignment of Contract for Private Develo ment b Front Porch Assaciates LTD• First National Bank of Elk River• Ci of Monticello EDA• and Ci of Monticello. (O.K.) A. Reference and Back round. The First National Bank of Elk River has requested the City of Monticello and City of Monticello Economic Development Authority (EDA) approve and execute this Reaffirmation and Reinstatement of Assignment of Contract for Private Development. The document simply reaffirms and restates the continuation of the terms and conditions of the Assignment notwithstanding the extension of the maturity date afthe Note to April 1, 2011. The Assignment dated Apri124, 2002, assigned the payments on the tax increment pay-as-you- go note from Front Porch Associates, LTD to First National Bank of Elk River. At the EDA meeting of Apri19, 2008, The EDA commissioners approved the Reaffirmation and Reinstatement of Assignment of Contract for Private Development subject to final review by EDA legal counsel. The EDA Executive Director heard from the EDA Attorney on April 10, 2008. Attorney Martha Ingram reported the document prepared by the Attorney far the Bank looked fine and recommended placing on the City Council consent agenda for approval. The City Council is requested to consider the following actions. B. Alternative Action: A motion to approve the Reaffirmation and Reinstatement for Assignment of Contract for Private Development by Front Porch Associates, LTD; First National Bank of Elk River; City of Monticello EDA; and City of Monticello. 2. A motion to deny approval of the Reaffirmation and Reinstatement for Assignment of Contract for Private Development by Front Porch Associates, LTD; First National Bank of Elk River; City of Monticello EDA; and City of Monticello. 3. A motion to table. C. Staff Recommendation: City Administrator O'Neill and EDA Executive Director recommend Alternative No. 1 consistent with the EDA Attorney recommendation. City Council Agenda - 04/14/08 D. SuQ oQ rtin~ Data: Document for approval. Attached documentation REAFFIRMATION AND REINSTATEMENT OF ASSIGNMENT OF CONTRACT FOR PRIVATE DEVELOPMENT This Reaffirmation and Reinstatement of Assignment of Contract for Private Development is executed and delivered as of the day of April, 2008, by FRONT PORCH ASSOCIATES, LTD., a Minnesota corporation (the "Developer"), FIRST NATIONAL BANK OF ELK RIVER, a United States banking corporation (the "Lender"), and CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "EDA"), and CITY OF MONTICELLO, a Minnesota municipal corporation (the "City"). RECITALS A. The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA"), the City, and the Developer previously entered in that certain Contract for Private Development dated on or about May 1, 2002, as amended by that certain First Amendment to Contract for Private Development dated January 13, 2003 (the "Contract"). B. The Developer, the HRA, the City and the Lender previously executed and delivered that certain Assignment of Contract for Private Development, dated on or about April 24, 2002, as thereafter modified (the "Assignment"), by which the Contract was collaterally assigned by the Developer to the Lender. All capitalized terms used and not defined in this Reaffirmation and Reinstatement shall have the meanings assigned to them in the Assignment. C. The Assignment was given in favor of the Lender in order secure repayment of that certain Pronnissory Note, dated April 24, 2002, executed and delivered by the Developer to the Lender, in the original principal amount of $220,000.00, as thereafter modified, including that that certain Allonge dated April 22, 2005 (the "Note"). D. On or about November 7, 2007, the Contract was assigned by the HRA to the EDA. In addition, on about January of 2008, the Contract was further modified in accordance with that certain Second Amendment to Contract for Private Development. E. The Developer has requested that the Lander extend the maturity date of the Note to April 1, 2011. F. The parties intend that the Assignment remain in full force and effect, and continue to secure to Lender repayment ofthe Note, notwithstanding the above described modifications to the Contract and notwithstanding the assignment of the Contract by the HRA to the EDA. G. The Lender is willing to extend the maturity date of the Note, provided the other parties to the Assignment execute and deliver this Reaffirmation and. Reinstatement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and other goad and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: Reaffirmation and Reinstatement of Assi nment. Developer, EDA and City hereby acknowledge and agree that all of the terms and conditions of the Assignment shall remain in full force and effect notwithstanding the extension of the maturity date of the Note to April 1, 201 1. Developer, EDA and City fixrther hereby reaffirm and reinstate the terms and conditions of the Assignment. Without limiting the generality of the foregoing, the Developer hereby authorizes and directs the EDA and City to pay all Reimbursements directly to the Lender on account of the Contract. The Lender shall have the right and shall be entitled, sa long as any indebtedness under the Note remains outstanding, to receive and collect all Reimbursements under the Contract in accordance with its terms, and the foregoing authorization and directive given by Developer is absolute and irrevocable. 1N WITNESS WHEREOF, the parties have executed this Reaffirmation and Reinstatement as of the day and year first above written. DEVELOPER: FRONT PORCH ASSOCIATES, LTD., a Minnesota corporation By Michael L. Cyr Its President CITY: CITY OF MONTICELLO, a Minnesota municipal corporation By Its Mayor By Its Administrator LENDER: FIRST NATIONAL BANK OF ELK RIVER, a United States banking corporation By Dawn Berg Its Vice President EDA: CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota By Its President By Its Executive Director 32727/2355504 2 Council Agenda - 04/14/2008 7. Consideration of accepting proposal for Sunset Ponds Playground Unit with the installation bein a Communi Project with the Ea le Scouts. (T.P) A. BACKGROUND INFORMATION: The Sunset Fonds Development was approved by the City Council in 2003. The development consists of two phases. The first phase of Sunset Ponds was platted with 213 lots, of which 114 are built an. Phase two of the development was platted with 97 lots, of which 201ots have been built on. Combining bath phases, the Sunset Ponds Development is at 55% capacity. It has been a policy of the City of Monticello to develop park land once the development has reached 50% capacity. In the last few months the Forks Commission and Park Staff have been reviewing proposals from various vendors for this park development. Not all proposals followed budget recommendations so the Forks Commission was able to narrow the proposals down to two. Both proposals were in the amount of $52,000, one from Midwest Playscapes and the other from Webber Recreation. The Parks Commission then held a public informational meeting to go over both proposals and to get resident feedback. Fallowing that meeting, Parks Commission selected the proposal from Webber Recreation for their play system in the amount of $52,000. Webber Recreations comes highly recommended and they built the play system in Ellison Park that we have been pleased with. Furthermore, Webber's system offered more value for the money. a. Budget Impact: The Parks Department planned on constructing Sunset Ponds Park in 2007, but contractor issues with the development of the park were not fulfilled until November 30, 2007. The 2007 Park Budget has funds in the amount of $52,990 set aside for the development of the park. During 2008 budget staff meetings park staff asked if we could put the $52,990 in a reserve account. The money was properly set aside for the park in a reserve account for 2008. In addition to the reserve account we also budgeted $20,000 for 2008 to develop the park. So in 2008, total funds set aside for the play system and development of Sunset Ponds Park are at $72,990. The two proposals considered by Parks Commission were within budget at $52,000. Parks Commission and Park Staff strongly agree that Webber Recreation's proposal offered more equipment than the other proposal from Midwest Playscapes. b. Staff Workload Impact: It has been the goal of the Monticello Parks Department to maintain strong community involvement with both the old and new parks. This project will be an Eagle Scout project just like Hillcrest Park last year. The installation will be supervised by Parks Staff and Webber Recreation. Due to the size of the play structure the installation will take a few days. B. ALTERNATIVES: 1. The first alternative would be to approve the proposal from Webber Recreation in the amount of $52,000 far the playground system for Sunset Ponds Park with the installation being a Community Project with the Eagle Scouts. 2. The second alternative would be not to proceed with the project in 2008. Council Meeting - 04/14/2008 C. STAFF RECOMMENDATION: It is a recommendation of the Parks Commission and the Park Superintendent that the City Council accept the proposal from Webber Recreation for the playground system in Sunset Ponds Park with the installation being a Community Project with the Eagle Scouts. One of the finest playgrounds in our park system located in Ellison Park was constructed by Webber Recreation. Park staff followed up on references for Webber Recreation and all were positive. D. SUPPORTING DATA: Copy of Proposal from Webber Recreation; Copy of Proposal from Midwest Playscapes; Aerial map of Sunset Ponds showing park location; Drawings of park plans; Drawings of playground layout; photo of playground unit from Webber Recreation. v ~ wm '~ _ wtoiinii it • . e . ~. .. ~ ~ ~ y''. ~~~~ ~ ~ ~ ~`~ ~ Equipment Quotation -: ~_° ~ Quote Number: L3080028 ~ ~' ~ ~Y ~ Quote Date: 02/29/2008 RECREATION EQUIPMENT COMPANY Customer Number SS36K05 Sales Representative Terms of Sale: Net 30 Jay Webber Customer Class: I .Parks & Rec Shipping Method: Miracle 1442 Brooke Court Freight Terms: Prepaid Hastings, MN 55033-3266 Approximate Ship Date: ASAP Phone: (651) 438-3630 Fax: (651) 438-3939 Oust PQ Num: Option I Prepared CITY OF MDNTICELLO-PARKS DE For: 909 Golf Couse Road MONTCELLO, MN 55362 Payment) Tom Pawelk (763) 271-3276 Accounting Contact: Quantity 1 1 1 1 1 1 4 2 2 1 1 l 1 1 1 1 I 1 l 1 1 1 1 1 l 1 l Item Number 4424 7145019 7145029 71.45039 71453869 7145523 7145733 7145743 7145753 7147142HB 7147155 7147196 7147239 7147275 71.4731 714734 7147342 71474969 7147526 71475726 71477065 7147709 714781 714808 7148096 7L48172B 7148624 Location: CITY OF MONTICELLO-PARKS DE 909 Golf Couse Road MONTCELLO, MN 55362 Shipping/ Tom Pawelk (763) 271-3276 Delivery Contact: Description WEBSCAPES PEGASUS 4M ACTIVITY NET TRIANGLE DECK (ATTACHES TO 3 POSTS) SQUARE DECK (ATTACHES TO 4 POSTS) i/2 HEX FULL DECK (ATTACHES TO 4 POSTS) CST 6'6" OCTAGON DECK FOR ROOF 5" OD X 136" POST (3' TO 5' DECKS) 5" OD X 168" POST FOR ROOF (3'6"-5' DECK) 5" OD X 186" POST FOR ROOF (5'6"-6'6" DECK) 5" OD X 196" POST FLIPPO ROOF (USE 2 ONLY) FIRE TRUCK , 1/2 PANEL (BELOW DECK) JUMP PANEL (5' DECK) CLIFF CLIMBER (6'6" DECK) 8' BURMA BRIDGE GROOVE SLIDE-ONE PIECE (5' DECK) TRAP DOOR CLIMBER (3' & 5' DECK) SAFETY PANEL AGES 5-12, FREE STANDING SAFETY PANEL AGES 2-12, FREE STANDING 6'6" TYPHOON SLIDE 405 D (6' & 6'6" DK) BIG KAHUNA CLIMBER GROUND TO 6'6" DECK SLOPED CLIMBING WALL (6'6" DECK) FLIPPOPOTAMUS SLIDE (6'6" DECK) FLIPPOPOTAMUS ROOF DIP STATION CLIMBING POLE (3', 5' OR 6'6" DECK) TENSILE TOWER (6'6" DECK) BENCH PANEL (BELOW DECK) ROOF FOR SQUARE DECK, PERF STEEL Rep #: 13 Order #: 13080028 Fage 1 of 3 Quantity Item Number Description 1 7148628 ROOF FOR OCTAGON DECK, PERF STEEL 1 71496559 TRANSFER POINT W/SINGLE STEP (S' DECK) 1 7149922 LOOKOUT TOWER 1 71499226 COMMAND POST W/WHEEL 1 7149939E ADA STAIR BTWN DECKS W/1'6" RISE, EXT. 1 714994E FUN FONES ABOVE DECK TO GROUND 1 7149942 FUN FONE PRICE INCLUDED IN 714994 50 44012r 6' MIRACLE TIMBER 12" HIGH W/2 30" STAKES-RB 1 960 LUCKY THE LADY BUG "C" SPRING RIDER 1 2720 SWG PART THERAPEUTIC SEAT W/CHAIN (8' TR) 4 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 1 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 1 7147352HHX 5" OD ADD-A-BAY 8' TR (2) THERA SEAT REQ MC 1 7147354 5" OD SINGLE POST SWG FRAME ONLY 4 SEATS REQ' 2 7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 7185029 SQUARE DECK (ATTACHES TO 4 POSTS) 2 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) 4 718573 3 1/2" OD X 162" POST FOR ROOF (3'6" TO 5'DK) 1 718700 S' SIDE-BY-SIDE SLIDE W/CANOPY (3' DECK) 1 7188161 WIRE MESH ENCLOSURE 1 718850 CHAMELEON SLIDE ENTRY & EXTI' SECTION 2 7188502 CHAMELEON SLIDE RIGHT TURN SECTION 1 7188502 CHAM EXIT SECTION PRICE INCL IN 718850 1 7188614 SQUARE ROOF, DOUBLE WALL 1 7189165 TENSILE LADDER (3, 4, OR 5' DECK) 1 718965359 TRANSFER FOINT OPEN HANDRAIL (3' DECK) 1 7189791 FIRE TRUCK PANEL W/WHEEL (RED ONLY) Equipment Total: $67,413.00 Freight: $3,978.00 Installation: $2,400.00 Discount: $25,569.40 Other Charge: $800.00 SubTotal: $49,021.b0 Tax: $2,978.40 Grand Total: $52,000.00 Notes: Other Charges include: 1-Skate Ride. Installation is for 1 supervisor. Rep #: 13 Order #: 13080028 Page 2 of 3 Thank you For the opportunity to provide this quote! Your Exclusive Sales Representative I hereby authorize Miracle Recreation Equipment Company to ship the equipment listed above for which I agree to pay the total amount specified. I will be responsible for receiving all merchandise from the Miracle truck. Payment terms are Net-30 days from invoice date with approved credit. Non- taxable customers will provide proper tax exemption certificate to Miracle Recreation. Purchase orders and payments should be matte payable to the order of Miracle Recreation Equipment Company. Accepted By Printed Name Date Rep #: 13 Order #: 13080028 Page 3 of 3 z 0 a r~~J ~_ J Y Q a D Z O a H W H 2 ^ ~ SUPPORTING DATA ~~ ~~ Ci ~ :~ ~a ,~8 y Y~ b~ y T ~ y S ~ r ~ y~ ~~ ~~ ~~~=~ r~ ~ ~~ V ~~ ~ ~ f ~~~ ~ r~ ~~ y ~~ fy ~ y ~ 0 0 ~ ~~ ~~ ~ ~ ~ N ~ ~ ~~ ~rt a a a (~ ~ O 7 f~~ n ~ ~ ~ '~~ ~~~ ~~ r ~ ~~~ ~ ~ ~ A ~ ~~ ~ N~ ~ ~ ~ ~ ~ fn ~~ ~~~ y Q ~ =S °w ~ m ~ w ~, W n w~ ~ E ~~ ~ N N O ~ n r O m cn ~:. ~ ,~ ' L '1 I _ L +~ I / Ir ~ F _ '.F ~3 E Pp ~ ^~~ J~ _ _ }~ ~ , I u ~ t ~~ 15 ~ NNr~r - - --~ I - ~ .I ti °w ~ ," GI ~ ~ ~ ^~I I ,l 'I ~ " ~' `; \ v ~ W~i d 3a ~ ~ ~~ 1,M P~N ~ - e3 N `_ ~ ~mp ~~ ~ _ c ~ I ~S ~I a '3 ri u~ +4 ~k '}- l Ilql Y ~ n~ Y ~eq l ~~ 1,•, ~(~ I' ~ ` \ nn ~ ~ II I II4f4f `5 N "N~n 9F ,. ..` ~ ~~ ~~u.., ~n.I I ~ W ~ ~ 2 / x `~It ~~li~^~1 r-~r-~ - ~-~/'~k r~ ~\ ~~ ~~ / PROPCS~ r \~ I ° ~ ~c ~ 7 N ~ r' ~ ~\ / ~ PLAYGRpL'ND lINR ~,~ ~, ~ I f t ~I ,~ ~ ~ _ ~~.o ~~ H~o r I ~ I~ ~a ~` I ~ I ill ~^" ',~ ® ~~ RAr nAr lAr nor Mr ~ _ I I _ ~ 4i 1 ~ I A ~ ~ I ~ ~ ~o ~ ~ I J I ~ tf4 ~~~,q II b ~a v ~~~ _~~til~~1L 11 1 x N> _ 1 ~ p II 1 ~~I ~~ - '~3 f ~ r- -- J uJJ pp E .. 11 N~ Jg_J ~tla C9 ~ 4L ~~ I j~'Ic3 vN, ~-.ll p~ a"dg 5~ 1 ~. ^~.•~r° y' S~ p~ ¢ I i ~ ~ p [r' , 11 y ~ "" -^ ~' s 5~a I a I II I` pl ~~ ~,Y~ % . N cD ~ '~y ~I' ~ ' '7 r ~ ~7~ ~~ .b ~ r~•e ~ F(.Ar FUr nAr hAr FLAP ~ G ~ ~ ~ Ir,~ ! i r nAr ins iru ins T+ ! 'o.~r ~.~H f e I 1 uV .~.~.. I I ~~ I f~ I I` ~ 'i ~` -» I I - % a ~ J ~ ~ I ~ , ~~ ~ ~ ~-,~ t TaIAnF~nnA• INC. Fax: 9 5 2 1'"R 4 9 ~h~F~INEST PLA'ISCAPES, ~v~vr~~v~~~- - - -_ - Toll Free: 8 0 0 -~ ~ S ~ ~00 Pine Street, Suite 104, Chaska, MN 55318 v w w. m i d w e s t p l a y s c a p e s. c o m E-mail: p~ayscapes@earthlink.net Quotation _ _ _. __ __ __ Project: City of Monticello/ Sunset Ponds Phone: - Contact: Tom Pawelk Fax: Ship To: Bill To: 909 Golf Course Rd Monticello MN 55362 Emaii: tom. awelk ci.mn.monticello.mn.us Shipping Contact Name: Tom ©763-271-3276 Date: 2/5/2008 Qty Design/Item # Description Price each Total 1 080331 Playworld Systems Play Area Includes: Ages 5-12 Playmaker Playstructure $ 44,205.00 Loppy Whoop $ 1,199.00 Standard 3 Bay Swing (1-ado, 1-bucket, 4-belt seats) $ 2,564.00 Playground Rules Sign (not on deign) $ 449.00 Recycled Plastic Border Timber $ 3,212.00 ~20cu yrds Resilient Wood Carpet Surfacing $ 3,266.00 Discount $ (1 1,100.24) Pricing is for 2007 `~ Subtotal $ 43,794.76 `~ Freight $ 2,253.84 Sales Tax $ 2,993.16 Sup. Install. $ 3,015.58 _ __._._ Total $ 52,000.0 I~iLESS OTHERWISE NOTED, prices shown are material only. They DQ NOT include: assembly, installation, border, safety surfacing, rain tile, Deo[extile fabric, removal of existing equipment, site preparation, excavation or site restoration, unloading of equipment, disposal of ackaging material, storage of equipment, additional insurance and bonding would 6e extra, unless otherwise stated above. If playground auipment or materials are stored off site, customer is responsible for transporting equipment [o job site. ricer firm far 30 days, subject to review thereafter. Our terms are net 30. Afrnance charge ojl.S% wit[ be imposed on the outstanding balance unpaid ~r mpre than 30 days after the shipment of materials.Once customer has signed quotation, your order cannot be changed or canceled. Please a/[ow 3 to 4 eeks far delivery after receipt of order. Standard manufacturing design, specification, and construction apply unless noted otherwise. 'ustamer is responsible jar the identification of all underground utilities. Area must be accessible to Bobcat and other equipment ~cessary far insm[lation or additional fees wi/! be charged. Freight quote is based on customer unloading equipment and Necking in all equipment for any missing parts. /f product is refused by customer upon delivery for any reason (unless damaged), without prior mrthori=atipn from ~blidtvest Playscaper, /nc., the customer agrees to pay ?(1°o resrocking fee plus freight charges. .lve can be ojOther Assi ante. plea ~ el free ro contact us. igned: Accepted r /aniel Lanes bate: r ~' r f!1 W O Q N } J a. N, ,:~ n ~ ,Y~ ~ a ~ ~ ~ . .~,~ ~ ° 4 r ~ a fm ~ ~ II ~ ~ 0. } v~l g~',._hJ, Y ~ 1 z ~ ~ Z N CV W a W d ~ U ~ `~ } dz " ~ y h ~~_ ~~ z ^ d x g ~{~ ~ V ~ ~ c~ ~ a W ^ u g N S ~ ~ w~ ~~ ~ ~ ~ e ~ ~ ~~~~6~~ 'ffi8~~~ .~ ~~~~ ~a ~~ ~ ~~~ r ~ 3 ~~~_~ Q~s ~~~~~~~ 9~~W~~ ~ ~~~~~~ ~~^~a~E~~~A~~a~~~~~~~~~~~~~~~~~ ~ M~z~ ~ ~n ~a ~~ ~~~~~~~ g ~~~~~~~s ~'~ n M~ n a' G'a a ~~~~ ']^inrv~ b ~ ~ ~~ ~ ~~ r ~N w~~ r ~ w~~* -~ ~ ~~ ~ ~~ . , ~ ^ i ~ b ~ ~ ~ a b ~ ~ ~~ ~ ~ ~h2 a ~4 ~~ ~ • ~~. ~y MIMI ~'~~ .J 9 Nr'~~ ~3 Nl. a ~ , ~ ~% ~ ~~ ~ ~~ ~ ~~ ~~ ~ ~ ~~~ ~~~~ 3 ~ / ~__ - ~_ h e 'Ajr/ 1..~ J J ~ W _U Z O 0 ~~ a ~ ~"''m ~ ~~~~ r ~ c ~ `~' ~r a ~9 a w x ~ E ~ y m ~ r LL ~ x .- ~ x ~+ E ~ x ~ E s °j a U u~ ti LL ~ x~ ~ ° x M ~ N ~ a ~ ® ~ 5 n ~ ~ ~ <+ ~ ~ T ~ x ui e m ~ ~ T A yyy ~ G N G 6 U a V7.~. ~ U m 3 m J ~^ 0 ~e pp d ~~ - N '•Qy. 1 ~ ~+' ~'r~ Ti % ~ • [ ~_ ~ ~q w 3, ~ U s~a ~~ @ ~ ~. ii ~ ~ ~.1~ ' ~ l m a g jr-°~1n ~`~.~ ~ fel~l,~~t ~``:.~ ~~ ~a.x o ~ ro g ~~il m 'i ?~ ~ a ~^~' ark Commission Minutes: 3/6/08 ~r~,~ ~~ felt su lies to construct the stora e shed could e m there. Parks De artment staff would be constructing the stora es hed. ~ p g ' ~ 've From the Parks Commission to ser_ve~on an ad onsideration of a nomt~n~ a renresentaty,, , „___ hoc committee to review the res onses to the RFP's for a Natural Resources Inventory. Brian Stumpf stated. he was serving as Council representative on that committee. It was proposed that the committee would be meeting 3-4 times to review the proposals that are submitted by firms proposing to do the Natural Resources Inventory for the City. Rick Traver volunteered to be the Forks Commission representative with Larry Nolan serving as the backup. 11. Introduction of Mark Larson. At this time the Parks Commission took some time to talk with Mark Larson, who has expressed interest in serving on the Parks Commission and would fill the vacancy left by the resignation of Ben Hitter. The Parks Commission explained the role of the Forks Commission and the type of activities they were involved in. Mr. Larson has been in the construction business far 25 years and he would. like to get involved with things far the family such as parks and recreation. RICK TRAVER MOVED TO RECOMMEND THE APPOINTMENT OF MARK CARSON TO THE PARKS COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BEN HITTER. GENE EMANUEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ~-0. 12. Consideration of uotes for the lav structure at Sunset Ponds. Tom Pawelk reported he had received quotes from five vendors for the playground equipment at Sunset Ponds and these proposals had. been reviewed by the entire Parks Department staff. With a budget of $52,000 as a parameter, Park Department staff felt two of the five vendors truly met the budget requirement. The five vendors were: Flanagan Sales; Clearwater Recreation; Midwest Playscapes, Webber Recreation and Landscape Structures. Amain consideration for the Parks Department is whether the vendor would allow a supervised installation. The Parks Department had done a supervised installation at Hillcrest Park where a community group such as the scouts would do the work under the supervision of the vendor's representative. The Parks Department Felt strongly this was the way to go for two reasons: 1) Community involvement and 2} Saving of installation costs could be applied towards additional equipment. Midwest Playscapes and Webber Recreation were the vendors that provide supervised installation. Midwest Playscapes was the firm that did the supervised installation at the Hillcrest Park. The Parks Department felt this was a very reputable firm that had good quality playground equipment. Webber Recreation who handles the Miracle Recreation Equipment was the other firm who did supervised installation. Although the City has not had any experience with this firm as far as the supervised installation, the Miracle Recreation Equipment was installed in EIlison Park almost ten years ago and is still in excellent condition. Tam Pawelk indicated that the scouts would be available to work on this project. The Parks Commission reviewed the play structure layouts from the various vendors and agreed with the Parks Department that it made sense to go with a firm that provided a supervised 4 Park Commission Minutes: 3/6/08 installation. Larry Nolan and Rick Traver favored Webber Recreation based on the quality of their product. Tom Pawelk pointed out that both Midwest Playscapes and Webber Recreation had their equipment in Monticello parks but the only supervised installation experience the City had was with Midwest Playscapes. Gene Emanuel suggested getting some references from other communities as far as their experience with the supervised installation done by Webber Recreation. The consensus of the Parks Commission was to go with the proposal from Webber Recreation. The Parks Commission then discussed scheduling the meeting with the Sunset Ponds residents to let them review the park development plan and provide comment on it. It is proposed to have this part of the next regular Parks Commission meeting on March 27, 200$. Tom Pawelk informed the Parks Commission that he had applied for a grant an another piece of park equipment but has not yet heard back on it. 13. Park Maintenance. The park maintenance information was submitted in a new format which provided a daily list of what was worked on. Tom Pawelk stated that he is requesting the Council at their March l Ocn meeting to consider the purchase of a used 1999 MT 5 Trackless which will be used for removing snow on the sidewalks and pathways. The 1985 MT 3 Trackless is in poor condition and to bring up to operating condition would cost over $21,000_ The used 1999 MT 5 Trackless would cost $30,000 not including sales tax. Tom Pawelk explained how the equipment was used and the number of hours used. This was a good year far the skating facilities since the weather was more conducive for it. Tam Pawelk stated that he will probably be changing the hours somewhat for next year with the hours the attendants are on duty starting a little later since skaters were not coming until later. U_ _ pdate: Lany Nolan reported that bonding bill which includes the $8,000,000 for the YMCA purchase is in committee and is being moved through the legislative process. Brian Stumpf indicated that he contacted his uncle who is a representative to let him know the significance of this bill far the City of Monticello. Tam Fawelk and Marc Mattice, Wright County Park Superintendent testified before an Environmental Committee and a majority of the committee members had actually visited the YMCA site. 14. Adiourn. RICK TRAVER MOVED TO ADJOURN AT 6 P.M. LARRY NOLAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. Recording Secretary City Council Agenda - 04/14/08 8. Consideration of ado tin ordinance amendment re ulatin construction and develo ment repuirin~ grading, drainage and erosion plans, controls and permits. (AS) A. REFERENCE AND BACKGROUND At its March 10th meeting, the City Council tabled action on this item to allow staff time to address concerns expressed by the public regarding the permit area requirements, definitions and MPCA regulations. Since that time, staff has reviewed MPCA regulations and determined that the definitions contained within the City's proposed ordinances are consistent with MPCA definitions. Additionally, the City's SWPPP, which has been submitted to the MPCA for approval, specifically requires that the City adopt its awn erosion control ordinance as a supporting measure. In relationship to the area/volume requirements for permit, staff and the Planning Commission support the limits as noted. The area trigger has been adjusted to 5,000 square feet. The limits set an appropriate standard for reviewing impacts to soil and water resources. The City Engineer has also reviewed the review period specified within the ordinance, which is set at a maximum of 15 days, and believes that to be a reasonable amount of time for thorough review of grading plans. As noted previously, staff held a meeting to review the ordinance in terms of implementation and enforcement. The proposed ordinance within this agenda includes revisions to the enforcement portion of the ordinance consistent with the implementation review. These changes make the document read more clearly for both the development community and City staff. At their March 4th meeting, the Planning Commission reviewed the revised ordinance and recommended approval unanimously. At this time, the City Council is asked to review and approve the adoption of the proposed ordinance, as well as a corresponding summary (for publication purposes) and related amendments striking redundant language from the current Zoning Ordinance. Staff s report from December 2007 is provided below for further reference. Flanning Commission is asked to consider an amendment to the Monticello Zoning Ordinance for the regulation of grading and erosion control. The ordinance amendment proposed consists of a new chapter specific to the regulation of grading and erosion control, as well as amendments to the current ordinance for consistency with the new chapter. The purpose of the ordinance is to consolidate existing practices in order to better address the environmental issues created by the disturbance of soil. The ordinance is intended to safeguard water quality and aid in the preservation and maintenance of land cover as appropriate during developxxaent. The ordinance also brings the City in line with state and federal regulations. Development of this ordinance is one of the requirements identified in the City's Storm Water Pollution Prevention Plan (SWPPP) for Construction Site Storm Water Runoff Control. The development of this ordinance has been ayear-long process of research and development, which has included both staff and the development community. City Council Agenda - 04/14/08 To date, Monticello's regulation of grading and erosion has been contained in various documents and policies. Current regulations are also somewhat inconsistent, due to lack of uniform definitions of control measures and implementation. The City is seeking to condense current practice into one standard, making regulation more practical for both the City and the development community. The ordinance covers the following areas: • Application • Application requirements • General standards • Inspection • Enforcement measures For the most part, the ordinance proposed represents current City policy, with some exceptions. Perhaps the most notable change is related to the standard for permit. Currently, the City requires no permit for grading under 400 cubic yards of material. For reference, 400 cubic yards is approximately equivalent of 40 dump trucks of material. In developing the ordinance, City staff felt some circumstances would require the review of projects which may disturb less ground cover than this previous standard. This is particularly true for developed areas. As such, the proposed permit criteria include both volume and area triggers, as well as a requirement for disturbances adjacent to waterways. Grading development in these areas may currently fall below under either the volume or area requirement. Other modifications to current practice include the requirement for individual site developers (most often general contractors/builders) to supply a security guaranteeing maintenance of on-site prevention measures and clean-up during construction. While the City has and will continue to hold a security with an overall site developer, it is critical to be able to handle on-site issues as quickly as possible. An individual security makes that communication possible. For example, the City holds a letter of credit from a developer, guaranteeing development-wide erosion control and conformance to the grading plan for residential projects such as Hunters Crossing. However, to-date the City has held no security from an individual lot developer. If a subcontractor for a home project within Hunters Crossing destroys silt fence or drags silt onto the street, the City had to contact the developer, and then in turn the developer contacted the builder. To streamline the process, the securities are held with both to ensure compliance and direct communication. The ordinance refers in many locations to the Plan Requirements and Design Guidelines (aka the Design Manual). The ordinance does not provide detailed specification information for erosion and grading measures, as those requirements are covered in the Plan Requirements and Design Guidelines, which reference the City Specifications For Street and Utility Construction, a specifications book published by the City of Monticello. The City specifications are provided to all contractors working on projects within the City. The inclusion of detailed specifications within that document, rather than the ordinance, serves two purposes. First, because the City specifications are updated annually, they are current and consistent with new development practices and state and federal regulations. Second, it eliminates the need for the ordinance to be continually updated in response to those changes. The City will be completing updates to the Plan Requirements and Design Guidelines in support of this ordinance. in meetings with builders, many ideas came forward on modifications needed to 2 City Council Agenda - 04/14/08 support best management practices for grading and erosion control. Those are very detailed specifications that are better suited to the manual for reasons noted above. Other practices and requirements outlined within the ordinance are those currently being used by the City of Monticello at various stages of the development process. The items being deleted from the current ordinance are incorporated into the proposed ordinance, or will be incorporated into the Design Manual as part of the revisions associated with the addition of the Grading and Erosion Control ordinance. In summary, the proposed ordinance changes help formalize current practice so that the development community has a clear guideline for what to expect, and what expectations are, for grading and erasion control within the City. Ultimately, the goal of the ordinance is better communication regarding grading and erosion control at all levels of the development process. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. Motion to approve an ordinance amendment adopting Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding aarnendrnents, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources. 2. Motion to approve an ordinance amendment adopting Chapter 33 of the Monticello Zoning Ordinance far Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources, subject to the following modifications (to be made by the City Council). Motion to recommend denial of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding to be made by the City Council). 4. Motion to table action. C. STAFF RECOMMENDATION Staff recommends alternative 1 above. The revisions made to the proposed ordinance reinforce the goal of providing s document that is clear for all parties in its application and implementation. D. SUPPORTING DATA A. Ordinance Resolution -Full B. Ordinance Resolution -Summary (for publication) C. Ordinance Resolution -Amendments to Existing Ordinance 3 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING CONSTRUCTION AND DEVELOPMENT, REQUIRING GRADING, DRAINAGE AND EROSION PLANS, CONTROLS AND PERMITS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. The City of Monticello Zoning Ordinance is amended by adding the following Chapter: 33-1: PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. 33-2: DEFINITIONS [AA] As-Built Plans Record drawings of approved and as constructed improvements. [AB] Sest Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. [AC] City Engineer A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. [AD] Clearing Any activity that removes the vegetative surface cover. [AE] Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. [AF] Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. [AG] Dewatering The removal of water For construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. [AH] Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. [AI] Erosion Control Inspector A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. [AJ] Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. [AK] Final Stabilization: a. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. For individual lots in residential construction by either: (a) The homebuilder completing final stabilization as specified above, or (b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and information the homeowner of the need for, and benefits of, final stabilization. [AL] Grading Excavation or fill of material, including the resulting conditions thereof. [AM] Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". 2 [AN] Grading, Drainage and Erasion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines". [AO] Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. [AP] National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [AQ] Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. [AR] Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. [AS] Permittee Applicant for and recipient of approved Grading, Drainage and Erosion Control Permit. [AT] Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. [AU] Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. [AV] Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Monticello or other state or federal agencies. [AW] Rarxgh Grade Excavation or fill of material to a condition suitable for general maintenance. [AX] Sediment Control Measures and methods employed to prevent sediment from leaving the site. (AY] Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. 3 [AZ] Site Development Construction or alteration of ground. [BA] Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. [BB] Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. [BC] Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; [BD] Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. [BE] Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. [BF] Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. [BG] Temporary Erosion Control Methods employed to prevent erosion on a temporary basis. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. [BF] Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. [BG] Water Conveyance System Any channel that conveys surface runoff throughout the site. [BH] Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. 4 33-3: PERMITS [A] APPROVAL: No person shall be granted a Grading, Drainage and Erosion Control Permit ("Grading Perrr~it") for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Monticello. 1. 5000 square feet. 2. 400 cubic yards undeveloped land, or 40 cubic yards developed land. 3. Within 200 feet of a waterway or surface water(s). [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [C] APPLICATION REQUIREMENTS: l . Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance and paragraph [D] below. 3. A Grading, Drainage and Erosion Control Flan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required nnater~als as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Drainage and Erosion Control Plan. 5. In the case of grading specific to and in conjunction with a single Building Permit, a separate Grading Permit is not required. The Building Permit shall be reviwed and serve as the Grading Permit. [D] SECURITY: 1. The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. This security shall be in 5 addition to the required non-refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Said security shall be provided prior to the release of the Grading Permit. b. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the City of Monticello and deemed to be approved. 2. Individual lot permittee shall be required to provide a bond or other improvement security with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. Said security shall be provided prior to the release of the Grading Permit. b. The security shall be released after turf is established as specified in the City Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City of Monticello and deemed to be appraved. [E} PROCEDURE: The City of Monticello will review each application for Grading Fermit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. Upon complete application, the City of 1Vlonticello shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as maybe necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; ar 3. Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Monticello Zoning Ordinance. 33-4: GRADING, DRAINAGE AND EROSION CONTROL PLAN REQUIREMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, 6 Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the following, as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans maybe required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. S. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3 [E] of this regulation, maybe authorized by the City of Monticello by written authorization to the permittee, and shall include: a. Major amendments to the erosion and sediment control plan submitted to the City of Monticello. b. Field modifications of a minor nature. 33-5: CONSTRUCTION REQUII2EMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Flan Requirements and Design Guidelines. 7 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Monticello. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Monticello may require the site to be reseeded or anon-vegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s) shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. Z. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 33-6: INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows and as applicable. To obtain inspections, the perrnittee shall notify the City of Monticello at least one working day before the following: 1. Installation of sediment and erosion control measures 2. Start of construction or site development 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. [D] PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need 9 for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section D. 33-7: SITE MAINTENANCE [A] RESPONSIBILITIES: Within 24 hours, the pernuttee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [B] No development, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Ordinance. 33-8: CERTIFICATION [A] APPROVED GRADING, DRAINAGE AND EROSION CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer or Chief Building Official, as applicable, shall be maintained at the site during the progress of the work. [B} AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for specifications. 10 33-9: ENFORCEMENT [A] NOTICE OF VIOLATION 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City shall issue a Notice of Violation. The Notice of Violation shall detail the default and prescribe a remedy and required schedule for compliance. [B] LAPSE AND ORDER FOR WORK 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs. 2. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. [C] STOP WORK ORDER/REVOCATION OF GRADING PERMIT. In the event that any person holding a Grading Fermit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the Grading Permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. [D] VIOLATION AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to ar in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. 33-10: SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 11 SECTION 2. Section 3-2[E] of the Monticello Zoning Ordinance- DRAINAGE FLANS is hereby deleted. SECTION 3. Section 3-6A of the Monticello Zoning Ordinance- GRADING is hereby deleted. SECTION 4. Section , of Ordinance ,establishing fees and charges, is hereby amended to add or revise the following fees regarding Grading Fermits: [Insert fee amendments here. SECTION S. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication. ADOPTED by the Monticello City Council this _ day of , 200$. CITY OF MONTICELLO sy: Clint Herbst, Mayor ATTEST: Dawn Grossinger, City Clerk 12 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA SUMMARY ORDINANCE NO. AN ORDINANCE REGULATING CONSTRUCTION AND DEVELOPMENT, REQUIRING GRADING, DRAINAGE AND EROSION PLANS, CONTROLS AND PERMITS NOTICE IS HEREBY GIVEN that, on , 2008, Ordinance No. was adopted by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of Ordinance No. ,the following summary of the ordinance has been prepared for publication as authorized by state law. The ordinance adopted by the Council amends the City Zoning Ordinance by adding a new Chapter 33 to regulate construction and development activities. The ordinance specifically provides that any grading, excavating or other activities that uncovers or disturbs more than 2000 square feet, or deposits or distributes fill in excess of 400 cubic yards on undeveloped land ar 40 cubic yards on developed land, or within 200 feet of a waterway or surface water would require a permit. A fee would be charged for the permit, and plans, controls and procedures as specified under the ordinance would be required. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Monticello, Minnesota, this day of , 2008. CITY OF MONTICELLO By: Clint Herbst, Mayor ATTEST: Jeff O'Neill City Administrator 13 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING DRAINAGE AND GRADING, AMENDING SECTION 3-2[E] end 3-6AOF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-2[E] of the Monticello Zoning Ordinance is hereby amended as follows: ~ _ _ ~:~.,s.,..~... a _ ~. ,.,a;..a~e ~ ' Section 2. Section 3-6A of the Monticello Zoning Ordinance is hereby amended as follows: rv:~ox,,at~ ., ~+~~~~ ,i~~_zcao~ Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication accarding to law. Adopted by the City Council of Monticello, Minnesota on the day of 200$. CITY OF MONTICELLO sy: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administratar Council Agenda: 4/14/08 9. Consideration of authorizin the Monticello Fire De artment to re are lens and s ecifications for a new fire truck. (TK) A. REFERENCE AND BACKGROUND: At a previous meeting, the Council did not take action on authorizing the preparation of plans and specifications for a new fire truck until it was known whether there had been adequate funds budgeted for this purpose. I have researched the funding of the fire truck and have found that from 2001 to 2005 the City budget included $35,000 in the Capital Revolving Fund for a total of $175,000. Of that amount $69,076 was spent in 2005 on a truck frame and cab. In 2006 $100,000 was budgeted for a fire truck in the Capital Revolving Fund and $86,810 was spent on the water tank for the truck purchased in 2005. This leaves a balance of $119,114 in the Capital Revolving Fund for the purchase of a fire truck. In 2007 and 2008 the City included $125,000 each year in the fire department budget of the General Fund. None of this money has been spent to date. This will leave the City with a balance of $369,114 by the end of 2008 far the purchase of the new fire truck in the two funds. Based on this, the City's 2009 budget would need to include any cost above $369,114 for the new truck in order to purchase it in 2009. Also if we need to purchase any equipment to equip this new truck we will need to include that in the 2009 budget as well. B. ALTERNATIVE ACTIONS: Authorize the Fire Department to proceed with the preparation of plans and specifications for a new truck with finalized cost estimates to be presented to the City Council prior to advertising for bids. 2. Do not authorize the preparation of plans and specifications at this time. C. STAFF RECOMMENDATION: If the Council believes it is necessary to proceed with the purchase of the truck, it is the recommendation of staff to have the Fire Department move forward with the plans and specifications. D. SUPPORTING DATA: Agenda item from 3/24/08 Council meeting. Council Agenda: 3/24/08 9. Consideration of authorizin the Monticello Fire De artment to Pre are Plans and S ecifications for Fire Truck and a oint one or two members of the Ci Council to site on design committee. A. REFERENCE AND BACKGROUND: City Council is asked to consider giving the go-ahead to the Fire Department to develop plans and specifications for a new fire truck. Funds have been budgeted for this truck over a period of years ($125,000/year) and it is now time to get serious about fallowing through with the design and purchasing process. The Fire Department hopes to have the truck online in 2009. To assist in the design and cast estimating process, the Fire Department requests that one or two members of the City Council be involved. The design process includes working with a truck manufacturer in selecting a basic truck design and components necessary to effectively fulfill the truck's purpose. It is estimated that this effort is not likely to take more than three or four meetings. Steve Joerg will be present at the meeting to further describe the need for this vehicle and will also shed some light on the design process. A.1 Budget Impact: No budget impact for this phase of the design process. B. ALTERNATIVE ACTIONS: Motion to authorize the Fire Department to prepare plans and specifications for purchase of a new fire truck and appoint a member of the City Council to the design committee. If this alternative is selected, the next step is to work with a manufacturer toward development of design specifications and more precise cast estimates. This documentation to be presented to the City Council prior to authorization to advertise for bids. 2. Motion to deny authorization to the Fire Department to prepare plans and specifications for purchase of a new fire truck C. STAFF RECOMMENDATION: Presuming that the City Council believes that it is necessary and appropriate to purchase at truck as anticipated in previous budgets, it is the recommendation of staff to move forward with the design process. 10. Consideration of Roundabout Landscauin~. (TK) A. REFERENCE AND BACKGROUND: The roundabout has been in place since November, 2006. Landscaping elements are part of the recommended design improvements. Staff has reviewed the landscaping plan with County and State Officials and the plan follows their standards for landscaping elements. State standards require/recommend that the view across the roundabout be interrupted. This visual inteixuption serves to encourage drivers to look to the left for vehicles already in the roundabout. In addition the interrupted view discourages accidental traversing directly across the inner circle of the roundabout. A permit will be required from Wright County to complete the plantings. The Parks Department met with the Lions Club regarding the landscaping of the roundabout and the Lions Club has agreed to do the original plantings this spring and passible future trimming of bushes and the tree. Public Works will be responsible for purchasing the landscaping materials and plantings. Public Works will also water the plantings in the six planters as needed. In addition, Public Works will be responsible for removing the planters in the fall for snow plowing and placing them back in the spring. It is estimated that this process will take two Public Works employees 4 hours to complete each of these activities at an estimated cost of $260.00. The landscaping costs for the roundabout area would be charged against the project with funding coming from the consolidated bond fund. These are funds that remained after the improvement bonds were paid off. Since there are na bonds to pay, these funds are available to be used as the City feels is in its best interest. It would be staffs' recommendation to fund the roundabout landscaping from the consolidated bond fund. Staff has estimated the cost for plantings and landscaping the roundabout itself at $4,000.00. In addition, a cost estimate of $4,058.10 for six planters ($3,828.00 plus 230.10 far sales tax), which would be placed on the center isles leading into the roundabout were received. It is also estimated that the plantings for these planters would cost $500.00. Therefore, the total cost estimate to landscape the roundabout area is $8,558.10, which would be charged to the project. Al. Budget Impact: This item was not included in the 2008 budget because the City in the past has not budgeted capital infrastructure improvements. However, the cost could be funded from the consolidated bond fund, which has funds available at this time. A2. Staff Workload Impact: The impact on the staff would be an estimated four hours for two Public Works employees for the removal of the planters each fall so that they are not in the way for snow plowing and replacing them in the spring. Fublic Warks would also be responsible for passible watering of the planters as needed. B. ALTERNATIVE ACTIONS Approve the purchase of the roundabout landscaping at a cost estimate of $8,558.10. 2. Do not approve the roundabout landscaping. C. STAFF RECOMMENDATION: The City staff supports Alternative 1. D. SUPPORTING DATA; Roundabout landscape plan. E-mail from Angela an roundabout plan. Price Estimate on Roundabout Plantings. Price Estimate on Raundabout Flanters. Planter description. City of f~~ontice(lo /../ ^~' ,~, s ~ • J ` ^ 32 - Liairis punctota - potted falazingstar ' 1 - QuerCUS mocrocorpa _ Bur oak 12 - Gornus sericea Red-osier dogwood f ,: ~ 1 . _.... r` ~/ ~~ l~ ~ ~ ~ 9+RCWF~ ~R i i ~ ~ ,1 ~~ r ! ~ V s~ ~ ~ M4~Y .. ! 'i l ~ . ,,. ~ ~ 4 ! ; ~ ~ "~ .-.~ CSAH 18 Rounda~aut .andscape Plan Yir~[S67A R{1EN ROpi / ~~ .,,. t~ W v :~~~ ~., ,~ti wyk ,~~ ~.. _,`r . ~~A ~{ ~,~ fJ~ '~~. ~, ,o' s~~.a ~ =,R~ _~~ . nnr . ,~ . ,s• ~d~ r ~~n~ .~. ,/z- ~. m ~ vrod.r ,t- ti ~~ ~ ~ ~ `; '1 . - ~ ~~~~ f -~ r.^^^~r a s' iv m• ~ I ~~~~r'~~ Prepared by Northwest Associated Gonsultants 11/9/pFi R~wsed 4J25i 07 Rrisad i/R/(1H 2'i -Rosa 'Negrly Wild' - Prairie Rose 10 - Corylus americana - American halzetnut 1'a~r: I a.f 1 Tom Kelly From: Angela Schumann Sent: Tuesday, April 01, 2008 4:14 PM To: Tom Kelly Cc: Jeff D'Neill; Tam Pawelk; Bruce Westby Subject: Roundabout Attachments: Roundabout Plan.pdf Tam, Please find roundabout plan attached. This landscaping plan was developed by landscape architects at NAC, who based the design and plant choices on the Mn/DOT recommendations for roundabouts. The plan has been reviewed and approved by stafif and is ready for Council review. Some notes on the design specifications: The plants were chosen specifically for hardiness in relationship to climate and conditions. This is important due to the amount of snow and salt that will impact these plants. The pavers and retaining wall shown on the plan are not part of the estimated costs, nor are they proposed to be installed with the improvements, as this apron area has already been paved. There is an obstruction in the middle of the roundabout -the bur oak. This feature is recommended by Mn/Dot. The advantage of the tree is to allow far site lines around the roundabout, but also prevent the possibility of drivers proceeding directly through the middle of the roundabout. In relationship to the planting labor -the Parks Department will be assisted by the Monticello Lions in the planting of khe original materials, and the maintenance of annual plantings each year. Angela 5chum~znn Convnunity De~~elt7pnient Cuurc3i.natur City of ~'lunticellu 763-?71 3?~4, ~in~ela.schu~zzai~n~?ci.muntice.llu.rx~n.us 411 %2()Q~ P~t~e 1 of 1 Tom Kelly From: Tom Pawelk Sent: Wednesday, March 26, 2008 6:43 AM To: Tom Kelly Subject: planting Tom The total cost estimate for the round about planting is $q,000A0. This figure is with irrigation, plants, wand chips, rock and etc. I never did email Bruce with the cost I spoke with him over the phone. Have a greak day! ~DG?2 ~e~ City of Monticello Parks Superintendent office (763) 271- 3276 Cell (r 12) 221-7530 Email: tom.pawelk@ci.monticello.mn.us 3i?fi~ 20C)8 s~,~~•~ lvs3 Price 4uotation City of Monticello Attn: Tom Pawelk 909 Golf Course Road Monticello, MN 553fi2 PRQJECT: Round-About Planters C7ate: 3-13-08 Phone: (7ti3y 271»32'76 Email: tom.pawelk@ci.monticella.mn.us INCOMPLIANCE WITH YOUR REQUEST FQR A PRICE QUOTATION ON SITE FURNISHINGS SUPPL1Ea BY WAUSAU TILE, Wf SUBMIT THE FALLOWING: 6 SL403:B1 Signature Line Planter 48" dia. x 18" high (Grey) $ 572.00 each $ 3,540.00 1 FreighC to Monticello, MN 2$8.00 Total 3 828.0 .~r, r. (Note: Special Price, reduced from $ 590.00 each, 4-S week delivery) ., r rc ~ -, All cancelledlreturned orders must receive prior approval. Restocking fee applies to all canceledlretumed orders; freight charges will be mcurrea ror Dorn wa son returnea aeuvenes 30% down payment required an all custom or amodified produets prior to production. Approved sign drawings must include logo/letter colors and logo art~r•ork. TERM NDITI N ; 1. This is a material only proposal. Prices are based on units as listed above. 2. Any increase or decrease of quantities for this project could warrant re-quoting. 3. Sales tax will be included unless a properly executed sales tax exempt certificate is provided to Wausau Tile at: Fax #715-355-4627. 4. Confirming final quantities are the responsibility of the customer, 5. Deliveries must be received during regular business hours. 6. Materials not shipped within 30 days of notification will be subject to skorage charges. 7. Wausau Tile standard payment terms apply. 8. Material proposal is valid far 30 days. 9. Freight rates are based on today's rates and may change duo to fuel surcharge. Rate valid for 30 days. 10. Delivery in one location only unless Hated. 11. Installation & assembly is the responsibility of the consignee. 12. Additional charge of 1Q% for Granitex. 13. Additional charge for Recycled Glass. PURCHASING CONDITITONS: 1. The purchase order and payment should be made out to Wausau Tile. 2. To expedite shipment, please include an address for billing and an address for delivery. Approved by: PLEASE APPROVE AND RETURN SITE FURNISHINGS DIV OF WAUSAU TILE Mark. Wagner -Minnesota Sales Representative waaner.sales(r~comcast.net Cell: 612-889-1530 Fax: 763-521-4714 P4 BOX 1520 -WAUSAU. WISCONSIN 5x402.1520 - 800.388-8728 • Fax 715-355-4627 - www.wausautile.com s/o5 ~` =dii" ',~R,~ ti Nate: Dptions may change without notice. Call to confirm current options. All siting is nominal Weatl~rstone: Sand • Gra • Brawn -Buff -Cream Charcoal - ~rent:h Gray -Brick Red - SoulardGreen Custom Dptions Available Size: 48" Oia. z 18" Weight. 830 Ihs. Material: Reinforced Precast Concrete. Hardware: (4) 112" ~t 2112" sls inserts. Reinforcing: 318" steel reinforcement. Anchoring: Optional. Maintenance: Periodically rinse with water & mild detergent, and re-seal annually. Packaging Banding to pallet optional. One piece construction. Wausau Tips iNC. r C 8ux 1520,~Vk~sau, bvl 54402-1520 ($tlp) 388-8728 ~ t ~ ~ ~~ ~' ` 1.1 SUMMARY A. Section includes: Furnish Precast Concrete Products indicated on drawings or specified herein. rb• a' arm. rwwaa aoir 1R' UHC SIS@ISERiS 1.2 REFERENCES A. Amerman Society far Testing & Material 1. ASTM C33 2. ASTM C150 3. ASTbI C31 1.5 SUBMITTAL5 A. Submit product data, shop drawings and samples, 1. Product Data: Manufacturer's specifications and technical data edited specifically for proposed system, including the following specific information: a. Detailed specification of cnnstruction fabrication. b. Manufacturer's installation instructions c, Maintenance literature d. Product warranty 2, Shop Drawings: Indicate pertinent dimensions, general construction, component connections anchoring methods, hardware and installation procedures. 3. Samples as requested by Architect. 1.6 QUALITY ASSURANCE A. Qualifications of talanufacturer: Manufacturer to be prequalified by specifier prior to bidding. Failure to cnmply will result in disqualification of bid. Manufacturer to have ai leask five years experience in the manufacturer of precast concrete benches field proven for at least five years. 1.10 WARRANTY Manufacturer shall submit a written warranty for precast products for the period of two years upon acceptance of products. 2.1 MANUFACTURERS A. Acceptable manufacturer for Precast Concrete products to be known as Wausau Tile, Inc. P.O.Box 1520 Wausau, WI 54402.1520. j800) 388-8726 (715) 359-3121 FAX (715) 355-4627 B Clarification Note: Drawings and installation specification are based on manufacturers proprietary Nterature from Wausau Tile, Ine. Other manufacturers shall comply with minimum levels ofmaterial and detailing indicated on drawings or specified herein. BOTTOM VIEW PLANTER 18' tom- Ps' ^^-^+-I ELEVATIQN VIEW PLANTER Fh SR' IIRf I LL'PtR: MCfRTC 671' Rf RAR TYI ~- Ps• ---~-~1 SECTION VIEW PLANTER WALISAU 71~.~ tNG. PO Box 152p,W,~usAU, Wt 544Q2-152Q 2.2 MATERIAL5 A. Portland Cement: ASTM C150 specifications far Portland Cement. B Aggregates: Ail aggregates to meet ASTM C33 specifications, to be cleaned of foreign matter and properly graded to size. C Coloring: All Precast products for this project shall be of one manufacturer. (800) 388-8728 -~: TOP VIEW PLANTER Council Agenda: 4/14/08 11. Consideration of accepting study and adopting fording of paV equity and organizational study, associated actions and consideration of adjusting 2007 salary scaled for 2008 (COLA). (JO) A. REFERENCE AND BACKGROUND: Lipuor Store Operation: This information/report provided to the City Council for the meeting on 3/24 is provided as a template for proposed decision making for the meeting on 4/14. It is my understanding that as a result of the information provided on 3/24 the City Council was in general support of many of the ideas presented in the report and supporting table but there were a few notable items of concern that Council requested be rectified in conjunction with final adoption. Those items included analysis of liquor store operation and introduction of potential changes intended to enhance efficiency. The other step requested prior to adoption is an adjustment to the union contract to fit the new pay equity plan. Both of these items have been addressed as follows. With regards to the liquor store operation. Tam Ke11y and I have reviewed the operation with Joe Hartman and Mike Fischbach and together have found opportunities for improving the bottom line without significantly jeopardizing customer service. This effort was made in response to City Council concerns relating to managers having overlapping schedules and also in response to concerns regarding the level of pay received by full time cashiers. In evaluating options for reducing overlapping schedules, manager and assistant manager were very concerned that any changes not unduly compromise the level and quality of service the liquor store now provides. They want to develop a store that continues to grow bath in number of customers and profit it provides the City. At the same time, in order to maintain the public trust it is important to actively evaluate the business operation and determine avenues for improvement. The suggestions noted below represents a significant step of our best efforts in the time available to evaluate the operation and develop strategies for increasing productivity. It is possible that additional changes could be made in the future depending on the results of the implementation of changes noted below. 1.) The Store Manager and Assistant Manager work the same hours. a.) The manager and assistant manger proposed the following schedule to split their time: Work Hours Monda Tuesda Wednesda Thursda Frida Saturda Mana er 7-3 12-8 7-3 Off 7-3 6-2 Assistant Mana er 9-5 8-4 12-8 8-4 12-8 Off b.) The above schedule allows the manager and assistant manager to work together for 6 hours on Monday, 4 hours on Tuesday, and 3 hours on Thursday and Friday to co- ordinate and communicate work issues and work together on ordering and accepting deliveries, which they feel is an important function of their positions. c.) The schedule would not be subject to holidays, being shorthanded, or vacations. d.) This change would take effect the following week after approval of the pay equity system. Council Agenda: 4/14/0$ 2.) The Store is management heavy with a manager, assistant manager and liquor stare clerk supervisor. a.) The liquor stare clerk supervisor position will be turned into a liquor store clerk position. When there is no manager or assistant manager on duty (for at least two hours or more), one of the clerk positions will be paid $1.50 mare for operating the store. Based on the schedule of the manager and assistant manager the need for this manager on duty differential pay will be less than having a clerk supervisor position and gives the manager and assistant manager mare flexibility with schedules by allowing them to appoint any of the full-time clerks as a supervisor. b.) Based on the above schedule there would be a manager on duty (paid) for 5 hours on Monday, 2 hours each on Tuesday, Wednesday, and Friday, 6 hours on Thursday and 8 hours on Saturday. 3.) Liquor store clerks' current salary compared to new pay range. a.) The two liquor store clerks and the clerk supervisor would all have their wages frozen at current levels. They would stay at their current rate until after the Labor Day weekend at which time the wages would be reduced to the top of their new pay range (grade 4, step 8). 4.) Reduce number offull-time positions a.) It was felt reducing the number of full-time position was not in the best interest of the store as full-time employees are more reliable and take more pride in their job and the store than part-time positions. Part-time positions tend to turn over more frequently than full-time positions and result in less training. So it was felt that the City should leave the number offull-time employees at its current level of 5 full-time staff. 5.) Excess overtime. a.) Full-time employee hours and schedule will be watched mare closely and overtime as much as possible will be minimal. In addition when ever possible part-time employees will be scheduled far holidays, which will reduce the number of hours paid at double time to full-time employees. b.) The assistant store manager is currently an hourly employee and is being changing to salaried and will no longer be eligible for overtime. c.) Part-time employees will no longer be paid overtime for working holidays. d.) These changes will take place the following week after pay equity plan is approved 6.) Work on Sundays. a.) The only Sunday hours is for the completion of the quarterly and yearly inventory. Much of the inventory is done during normal operation but due to sales some must be done when the store is closed, which is minimal and is completed on Sundays. 2 Council Agenda: 4/14/08 7.) Merchandise pick up in the Cities. a.) When ever possible apart-time or lower paid full-time employee will be sent to pick up merchandise that is not available for delivery in this area instead of sending the assistant manager thus reducing costs and using the assistant store manager's time more wisely. 8.) Merchandise ordering. a.) The majority of merchandise ordering has been and will continue to be performed by the manager and assistant manager. With shifting the managers' schedules there could be times when one of the other full-time clerk's help could be required with checking orders into the store. 9.) Pricing of merchandise. a.) Pricing of merchandise was discussed and it is believed that the stores prices are competitive with other stores in the surrounding areas. Prices will be monitored to remain competitive in the future. Consideration of ado tion of a Memorandum of Understandin Pertainin to Solar and Evaluation Adjustment relating to the Pav Equity Program. City Council also asked that that the pay equity report include action to integrate the union contract. As you know, the shifting of positions into a new pay scale can not be accomplished without either an amendment to the contract or a memorandum of understanding. Members of the Personnel Committee met with Union representatives and formulated the attached memorandum of understanding that if adopted results in the integration of the pay equity plan with the contract. The memorandum of understanding allows the shift to the new scale to occur and includes language that reinforces the requirement that union employees must successfully pass an evaluation in order to obtain a step increase and that such an increase is not granted automatically like a longevity increase. Council is asked to consider adopting this Memorandum of Understanding in conjunction with pay equity related actions. Following is a general repeat of information provided in the staff report on 3/24 with new information in bold. In the alternatives section of the report, items have been added and reordered under alternative 1. The Personnel Committee and the City Administrator are pleased to report that they are in position to ask the City Council to consider important actions relating to maintenance of the City's pay equity system and development of its organization structure. These actions include Consideration of accepting and adopting findings of the Pay Equity and Organization Plan as embodied in the report drafted by Sherrie Le and Personnel Committee. This report includes: o Revised job descriptions and updated pay equity analysis for every position in the City. o Suggested organizational shifts adjusting lines of authority 3 Council Agenda: 4/14/08 o Adoption of Salary scale (2007) o Approval of the method for shifting salaries from old 2007 pay scale to new 2007 pay scale and associated notes as identified in the attached table. o A variety of suggestions contained within the report far follow-up steps to enhance efficiency and suggestions for future consideration pending retirement of key personnel. o Establishment of specific adjustments to the liquor store operation as identified in this report. o Adoptian memorandum of understanding enabling the shift from the old pay scale to the new scale. 2. Consideration adjusting salary scale for 2008. With regards to item # 1 above, the effort to update the City's pay system started late in 2005 with a staff effort to document and inventory tasks and responsibilities for each position in conjunction with setting up a performance evaluation system. During this process it was recognized that during the hectic times of managing growth (1993-2005) many job descriptions had become obsolete ar needed significant updates. It was also discovered that there could be opportunities for enhancing the operation through consolidation of a number of activities such as purchasing and human resources. In response to this situation the City Council authorized preparation of a study by Sherrie Le. At midpaint in the process the effort included a workshop with the City Council at which time Council reviewed a proposed arganizatianal structure. Guidance provided at that meeting was followed in preparing the final job descriptions presented today. In addition to guidance provided by Council at the workshop, the Personnel Committee has made a Strang effort in understanding and developing the recommendations embodied in the report. The study reflects a culmination of a tremendous effort by the Personnel Committee and the organization as a whole. On Wednesday, March 19~h this report was presented in its draft form to all city staff. Tom Kelly, Kitty Baltos and I presented an outline of the findings of the report along with a copy for all staff to review. An avenue for directing questions has been provided to assist staff in understanding the study and how it affects each of them individually. Kitty will be collecting questions and we will be responding accordingly. Although preparation of job descriptions included staff review, there is always a chance that something may have been missed so we are providing staff with the opportunity to suggest changes or updates. Significant questions or objections (if any) to points established per position will be referred to Sherrie Le and the Fersonnel Committee for follow-up. With regards to consideration of approving method for shifting salaries from 2007 pay scale to new 2007 pay scale. It is proposed that employees pay be shifted from the 2007 rate to the new 2007 rate by moving them up to the step that meets most closely on the new scale. This degree of pay increase relating to this shift affects each employee differently and generally ranges from almost no increase to an increase of over 2%. Please note that there are some employees that are currently paid an amount higher than step 8 according to the new pay scale. It is proposed at this time to freeze these salaries for these employees until the affects of COLA increases catch up. See the attached table for the positions affected by this condition. 4 Council Agenda: 4/14/08 In addition to adopting the report a summary of actions associated with the report can be found on the attached worksheet. This summary of actions has been modified slightly since the previous meeting with changes to a few positions identified accordingly. These changes reflect Sherrie Le follow-up recommendations to questions submitted by staff. With regards to consideration of shifting the pay scale for 2008. As you will note in the report by Sherrie Le, the pay scale proposed establishes a pay scale that puts Monticello in the middle of the pack as compared to similar cities. The statistics used in this analysis include 2007 salary levels. Council is asked to consider moving this scale for 2008. The Personnel Committee did not desire to offer a recommendation in this regard and preferred that the City Council review this matter as a whole. Factors to consider when making your decision could include but are not limited to the following: • Evaluation of need to maintain a 2007 pay scale at same relative to other communities. See attached table that outlines COLA increased provided for 2008 by other Cities as compiled by Tom Kelly. Benefits of maintaining competitive salary scale for recruitment and retention. + Shift from old pay scale to new pay scale resulted in a range of pay increases that varies from employee to employee. Average increase was about 1.3%. • The revised pay scale provides more opportunity for pay increases over time for those not at step 8. However for these step increases to be significant, the pay scale needs to shift over time. • The current budget can support an increase of 3% given elimination of certain positions originally proposed for hire in 2008. Last year the Council approved a 1 % cost of living adjustment and a 1 % step increase for 2007 and add an eighth step which would be 104.5% of step seven. Generally uncertain economic times for all and the associated need to keep cost of government as lean as possible. • Consideration of current budget pressures and the need for the City to contain costs. Such pressures include o Recent use of budget reserves to fund operations o Reductions in development and building fees ' a Reduction in tax capacity due the drop in Xcel facilities market value o Problems relating to residential foreclosures and the uncertain impact on tax capacity and rates. B. ALTERNATIVE ACTIONS: DeCiSIOn I. Consideration of accepting and adopt findings of the Pay Equity and Organization Flan as embodied in the report drafted by Sherrie Le. Motion accepting and approving the Pay Equity and Organization Flan as embodied in the report drafted by Sherrie Le. Pay adjustments to be made retroactive to January 1, 2008. This report includes S Council Agenda: 4/14/08 a. Revised job descriptions and updated pay equity analysis for every position in the City. b. Suggested organizational shifts adjusting lines of authority c. Salary scale (2007) and associated pay shifts effective retroactive to January 1, 2008. d. A variety of suggestions for follow-up steps to enhance efficiency and suggestions for future consideration pending retirement of key personnel. e. Adoption of Memorandum of Understanding enabling Union Position pay shift from the old pay scale to the new scale. f. Adoption of recommendations for changes to the Liquor Store operation. 2. Motion to accept and adopt findings of pay equity study as noted under alternative #1 with modifications. The report and findings represent recommended action. During discussion of the report Council may find items that require further research or should be modified. 3. Motion to deny acceptance and adoption of findings of pay equity study as noted under alternative 1 with modifications. Decision 2. Consideration of establishing the COLA for 2008 retroactive to January 1, 2008. Discussion and motion requested. C. STAFF RECOMMENDATIONS: Thank you to all City Staff and the Personnel Committee for working so hard in this effort to better organize our work and establish job descriptions and a pay equity program that achieves the objectives of the.pay equity act. Thanks also to union representatives and liquor store management for reacting quickly to City Council request for resolution of potential issues prior to consideration of action. With adoption of this study, centralization of Human Resource function and establishment of our evaluation system, we are now in position to maintain and operate an effective personnel system. We are all excited about getting this done and using it as a great base for future progress! Under Decision 1, The City Administrator, Finance Director and MCC Director recommend alternative 1 but understand the Council may wish to make modifications resulting from discussion. With regards to COLA, it is noteworthy that under Decision 1, the pay scale is shifted to be comparable with similar communities as of 2007. It is up to Council to determine the degree to what extent the scale should move for 2008 given all the factors at play some of which are noted above. D. SUPPORTING DATA Pay Equity and Organization Study as Prepared by Sherrie Le. b Council Agenda: 4/14/08 Summary table showing salary shifts and related actions pertaining to the study. Summary table showing COLA adjustments made by other Cities for 2008. Memorandum of Understanding between City and Union pertaining to shifting Union Salaries from Old Scale to New Scale. 7 CITY OF IVIONTICELLO COMPENSATION STUDY REPORT March 18, 2008 Prepared by Sherrie Le Sherrie Le HR & LR Seruiees, LLC sherriele~,a?yahaa.eom ~~~-~~o-721b TABLE OF CONTENTS Section Pale Background 3 Job descriptions & Classification Analysis 3 Benefits of Restructuring $ Job Evaluation 8 System Factors S Job Evaluation Review Requests 10 Salary Ranges 11 Market 12 Salary Range Development 12 Salary Administration 13 Salary Range Adjustment 14 Initial Placement of Employees into Ranges 14 Water and Sewer Licenses 15 Pay Equity Compliance 15 Recommended Action Steps 16 Appendix 17 2 BACKGROUND I was contacted by Jeff O'Neill, City Administrator far the City of Monticello, to conduct a comprehensive compensation project for the City. The project was to include interviewing employees, preparing job descriptions, analyzing classification issues and evaluating jobs using an approved job evaluation system. Once that part ofthe project was complete, I was to analyze market information and develop a compensation plan for the City that complied with the State Fay Equity law. In addition, I was asked to review the City's draft Personnel Policies. (See Proposal -Appendix A) Once the project was underway, it became necessary to expand it somewhat to accornrnodate additional job classes that were not previously included. In addition, due to same significant restructuring, additional job description and jab evaluation work was required. Work began in late August. The project included: Conducting employee interviews for each job class (and within same job classes, for each position) to collect information for job descriptions, job evaluation and classification analysis. 2. Preparing jab descriptions for review by employees and management staff and making final edits as appropriate. Revising job descriptions as positions were restructured. 3. Evaluating the jabs using the Modified Princeton Jvb Evaluation System. Job evaluation was also completed on restructured and proposed positions. 4. Gathering and analyzing market data and developing salary ranges using market information from comparable Minnesota cities and the updated jab evaluation points. The proposed salary ranges were then tested far compliance with the Local Government Pay Equity Act using the State software. 5. Preparing a written report of the results with attached job descriptions, job evaluation and pay plan information and pay equity reports -along with a discussion of classification and restructuring issues and recommendations. .IOB DESCRIPTIONS & CLASSIFICATION ANALYSIS Job descriptions have been developed for 62 classifications. (Jab descriptions attached as Appendix H.) As mentioned earlier, there were several jobs restructured to better meet the needs of the City. Some of them were restructured again taking into consideration budget constraints. New or restructured ositions include: City Administrator - (Restructured, removing some direct reports and delegating more to the Community Development Coordinator and new Human Resource Manager position) This position had far too many direct reports and was performing too much community development work, leaving little time to meet with the department heads on an individual, or collective basis - for anything other than community development purposes. We propose moving the Liquor Store and Deputy Registrar functions to the b'inance Director. We also propose moving the Chief Building Official under the Community Development Coordinator over the next several months. Human Resources work will be handled by a new position. When the existing Economic Development Director retires, the City Council will consider changes to this function, including the passibility of merging some of the responsibilities into the Community Development Department. This will result in three less direct reports for the City Administrator. Human Resource Manager - (New position) This position is budgeted for 2008. After considerable deliberations, the Personnel Committee decided that they would like to see if the position can be effective as a separate position at a lower level than originally proposed. The position, assuming full Council approval, would be posted, applications accepted and interviews held. If a good candidate is found, the position will be filled. As a back-up plan, the position of Community Center Director may be merged with Human Resource Director as described below. Human Resource and Community Center Director - (Restructured, merged Community Center Director with proposed Human Resource Manager position.) Due to budget constraints and interest in this area by the incumbent, we discussed merging two department head positions into one. There will, of course, be a domino effect in that some of the work previously done by the Community Center Director will be delegated and an office specialist will be hired to assist with the human resource and community center support work. Training and mentoring on the human resource area will be provided to make this transition as smooth as possible. Assistant Community Center Director - (Restructured position, formerly MCC Program and Operations Coordinator) If the proposed position of Human Resource Manager were merged with the Community Center Director position, the Program and Operations Coordinator would be given more supervisory and operational responsibility and authority. Finance Director - (Restructured position, added supervision of Liquor Store and Deputy Registrar staff and operations.) Both of the newly added areas have managers so this will not be quite the same amount of work as with Finance, There will also be some employee benefit- related responsibilities that will be part of the Human Resource function. It should be noted that the increase in supervision might be too many direct reports for this position, especially because this change adds two new operational areas to the workload. This should be closel monitored and if necessary, some supervision should be delegated to the Senior Accountant, making that an Accounting Supervisor position. Senior Accountant -The position will no longer do payroll. There may also be some employee contact that will now be handled by Human Resources. Program and Projects Coordinator - (Restructured position, formerly Senior Finance Officer) This position spends only about 20% of the time on finance work, so the existing title wasn't very descriptive of the job. There are only minor changes to the duties, including adding coordination of annual purchasing contracts and animal control. The job will remain in Finance and will continue to be responsible for the IT program as well as a number of special projects. The position will only be backup for payroll, assuming the proposed part-time payroll clerk position is approved. There will fewer employee contacts related to benefits, HIPAA, COBRA or policy clarifications that will now be handled by Human Resources. PayrolUFinance Clerk - (new part-time position). This position was created primarily to do payroll and miscellaneous clerical and data entry work. Previously, payroll was incorporated loosely into two higher-level jobs, Senior Finance Officer and Senior Accountant. It didn't really make sense in either of those jobs and as it was lower level work. Community Development Coordinator - (Restructured to strengthen the higher-level community development responsibilities and authority and added supervision of the receptionist and building permit technician) Additional training will be provided to ensure a smooth transition. There are three existing functions that were considered separate departments but, because of the nature of the work, must work very closely together. Those are economic development, community development and building and zoning inspection. Under the proposed plan, the Community Development Coordinator will, over time, take over supervision of economic development and building and zoning inspection. Adding building inspection is actually a return to the structure that existed just before the new City Administrator was hired. This will be a gradual process. Step #1: Assume greater responsibility and authority in community development and begin supervising the Receptionist and Building Permit Technician. Step #2: Begin supervising the building and zoning inspection function and staff with the Chief Building Official reporting to her. Around this time, the job title will change to Community Development Director. Step #3: When the current Economic Development Director retires, consider replacing with a lower level economic development professional reporting to the Community Development Director. Economic Development Director -- (Slightly restructured) The changes include: increased supervision by, and accountability to, the City Administrator, better coordination with Community Development and more technical direction and assistance from the Finance Director on TIF. As mentioned earlier, the position will likely change further in the future. Chief Building Official - (Change to reporting relationship and supervisory authority). The Building Permit Technician will no longer report to this position, but will instead report to the Community Development Coordinator. The Building Official will still provide technical direction to the technician position. This Building Official will begin reporting to the Community Development (Director) later this year. In the meantime, they will begin working more closely together to prepare for the transition, Administrative Assistant - CD/ED & Eng. This is a new position to provide administrative support for the Community Development Coordinator, Economic Development Director and City Engineer. It will likely not be filled this year due to budget constraints. It is anticipated that the Receptionist and Building Permit Technician will take on some of these duties. Building Permit Technician - (Restructured position, formerly Building Inspection Coordinator) This position had an unusual name that implied more control over the inspectors than was evident. Most other communities call this jab a building permit technician so we changed the title to be consistent with that. The difference remains that this pasition has higher educational background than most building permit technicians, so is expected to answer higher- level questions that come in, rather than referring them to inspectors. We also propose changing the reporting relationship to the Community Development Coordinator and limiting the supervision by the Chief Building Official to technical issues. The plan is to return the Building Inspection function to Community Development, as it is in many cities and was previously in Monticello. Because the City is not filling the new Administrative Assistant _ CD/ED & Eng position, the Building Permit Technician will likely do some of the support work for the Community Development Department. Receptionist -This position will change reporting relationships and will likely take on some additional support work from Community Development. It already has responsibilities as a backup for building and zoning. The position will no longer report to the Deputy Clerk but will report to the Community Development Coordinator. This position may need to be looked at For upgrading in the future, depending on the level of responsibility of any added duties. I recommend this position be examined after atwo-year period to give it time to evolve. It may take that long to determine whether the proposed pasition of Administrative Assistant - CD/ED/Engwill need to be filled. If it is filled, the receptionist job could change again, returning it to its present responsibilities. Deputy City Clerk - (Restructured, no longer supervisory). This position will also be transferring some responsibilities to the Human Resource Manager. The employee personnel files and data practices compliance for personnel, applicant and labor relations' data will go to the Human Resource Department. This position may continue to assist with administrative support work related to hiring but the amount and level of responsibility will be diminished as this is taken over by the Human Resource Manager. The receptionist position is being moved to Community Development. DepuTy Registrar Manager -- Will now report to the Finance Director instead of the City Administrator. Liquor Store Manager and Assistant Manager -- The Liquor Store Manager will now report to the Finance Director instead of the City Administrator. The Liquor Store has two management employees who both work days. With the addition of the Liquor Store Supervisor, the store is a bit tap heavy. That is unusual compared to other municipal stares. I recommend the City look at having one manager an days and the other an evenings, with overlap between the two shifts on mast days. In addition, one or both of the managers could work some Saturdays. 6 The day and evening shifts could be rotated between the two managers or the assistant could work the second shift. The Liquor Store Supervisor position would not be needed if the two managers covered the bulk of the business hours. The classification could be eliminated and replaced with a Liquor Store Clerk. Besides being top heavy, the number affull-time employees seems high for an off-sale liquor store. The City Administrator, Finance Director and Liquor Store Manager should discuss the fallowing and provide recommendations to the Personnel Committee. 1. Consider reducing the number of full-time staff to three or four. 2. Consider eliminating either the position of Assistant Liquor Store Manager or of Liquor Store Supervisor. 3. Transfer all event planning and ordering to the two tap management positions. 4. Is travel out of the City to purchase small amounts of specialty products the best use of resources, especially for a high level employee? Can the trips, if determined necessary, be consolidated? 5. It would be more cast_effective and provide higher-level management coverage for more hours if the Liquor Store Manager and Assistant Manager did not both work days. Crty Engineer - (Restructured somewhat) Will assume additional duties from the Public Works Director and will assume supervision of construction inspection functions and positions. Will be able to delegate lower level engineering work to the Engineering Assistant and possibly to the Engineering Technician. (see below) Engineering Technician - {Retitled from Construction Observer) The two construction observer positions have been split into two classifications. Engineering Technician will now be the title for the duties currently done by the title Construction Observer. The position will no longer report to the Public Works Director but will report to the City Engineer instead. Engineering Assistant -The other Construction Observer will become an Engineering Assistant and will assist the City Engineer with lower level engineering work, in addition to construction inspection work. Public Works Director -This position will no longer supervise the construction inspection function or staff. The City Engineer is gradually assuming the engineering work done by this position. This will be more easily assumed now that the City Engineer has same staff: Street, Parks, and Water & Sewer Collection Operators -There is no change to these jobs but they will no longer be called mechanics. The title was left over from before the Shop Mechanic position was created. This is not to say that these employees do no mechanical work, but the primary mechanic is the Shop Mechanic/Operator. BENEFITS OF RESTRUCTURING With the above changes, we hope to accomplish the following: • Provide more time for the City Administrator to lead, manage and direct staff and operations. • Increase communication between the department heads and City Administrator. • Streamline and professionalize hiring, benefits administration, worker's compensation, and legal and regulatory compliance in employment and labor areas. • Provide a knowledgeable person to accurately answer employees' employment questions. • ProfessionalizeHew employee orientation and training. • Coordinate and ensure compliance with OSHA safety Hales and regulations. • Improve coordination, efficiency and communication between economic development, community development and building and zoning inspection. • Provide staff support to Community Development and Engineering. + Alleviate some of the workload far the Public Works Director. • Increase efficiency and save time through annual purchasing contracts. • Provide onsite professional advice to supervisory staff on performance management concerns. • Increase the number of hours that the Liquor Store has management staff present. • Improve consistency in the application of personnel policies. • Improve services to the Community while reducing costs. JOB EVALUATION To ensure compliance with the Pay Equity Act, all jobs had to be evaluated using a gender neutral job evaluation system. By law, the system must measure skill, effort, responsibility, and working conditions. 1 used the Modified Princeton System, the same system put in place when the Pay Equity Law first required compliance. This system was originally developed by the City of Princeton with the help of State's Pay Equity Coordinator. The State law was amended after the system was developed requiring an additional factor entitled "working conditions" be added. As a result, the Princeton System was modified to include this factor as it was not measured in Princeton's original system. In addition, a factor entitled "Varied Work" was deleted same years ago as the system was refined. The system measures five factors and is described below. (A copy of the system documentation is attached-Appendix B.) System Factors• 1) Knowledge and Experience -This factor considers the relative amount of knowledge and experience needed to perform the required work. There are two steps in rating this factor: 8 a). Knowledge is rated hrst and there are six levels to choose from. The levels range from high school graduation to comprehensive knowledge of several important areas of management and business (equivalent to something above a master's degree). b) Experience is ranked second and has four levels ranging from Limited (0-2 years) to Comprehensive {over 9 years) The rating reflects the number of years of experience required to be considered for entry into the position. 2) Accountability far Actions -This factor considers the accountability for actions that is required of the position and includes: freedom to make decisions, independence of actions, degree of responsibility for budget and operations, and relative amount of control the position allows. There are three steps in rating this factor: a) First, discretion and independence is rated using a five level scale from restricted (duties are routine and explicit) to principal (complete responsibility for developing and evaluating major programs). b) Second, influence on budget and operations is rated using a four level scale from minor to maxirnurn. c) Lastly, the amount of control is rated using a three level scale from advisory (makes suggestions) to direct (Full responsibility for final result). 3) Planning -This factor considers the degree of planning required and the time span covered by most of the planning. There are two steps in rating this factor: a) First, the degree of planning is rated using a seven level scale from no planning responsibility to planning entirely new ventures in uncharted areas requiring creative analysis, projections, and judgment. b) Lastly, the time span of the planning is rated using a six level scale from immediate application to planning extending aver two ar mare years. 4) Supervision -This factor considers the degree to which the job is supervisory, the number of people supervised, and the level of supervision exercised. There are three steps in rating this factor: a) First, the type of supervision is rated using asix-level scale from no supervisory responsibilities to managerial supervision over a large group of employees with diverse jobs. b) Second, the level of supervision is rated by determining whether the job requires partial or complete supervisory control iri each often different aspects of supervision such as: hiring, discipline, establishing work methods, etc. c) Lastly, the number of employees supervised is rated with a range of employees (i.e. 1-3, ~-7, etc.) being assigned a paint value. 5) Working Conditions -This factor considers physical effort, environment, and hazards. Far any condition that is applicable, the frequency is determined. (There are sixteen individual conditions such as "exposure to extreme cold or heat", "heavy lifting," etc.) Frequency is rated using a five level scale from "none" to "always." All jobs that are required to be reported to the State in the City's Pay Equity report were evaluated, along with proposed and restructured positions. Two charts are included in the Appendix showing the results of the job evaluation. The first chart shows the results individually - by factor - for each job class, in point order. The second chart shows total paints by job title, along with the proposed salary grade. I did not include the part-time Community Center or part- time Liquor Store employees in the new salary ranges. Their pay had been closely monitored and was based on the going rate in the market. Their pay ranges will remain separate. (See Appendices C & D) Job evaluation systems are not intended to measure the capabilities of individual employees, nor does it measure employee performance. Employees may have the knowledge and capability of doing much higher level work than what the position requires. A City may also have employees who perform far above, or below, their expectations. Job evaluation systems also do not measure everything about a job. It is good policy to reward employees for superior performance but the assignment of job evaluation points is not where this should occur. What job evaluation measures is the position - what the City requires -regardless of who happens to be in it at any given time. Rewarding employees for superior performance can be accomplished using the speed of movement in the salary ranges in conjunction with a performance appraisal system, as well as bynon-monetary methods. Job evaluation is the internal job value and is not influenced by the market. The market, on the other hand, responds to the laws of supply and demand and recruitment and. retention issues. The market daes rat base pay on internal job evaluatian. The State Pay Equity law requires compliance with specific criteria based on internal job evaluation. Job Evalnatian Review Requests The jobs are assigned to grades based on the jab evaluation points. If a job should change significantly, the City can re-evaluate the job using the attached job evaluation system. If the total points should change enough to move the position into a different salary grade, the Point-to- Grade Conversion Chart (Appendix F) will indicate where it should be moved. You may want to consider using a neutral party experienced in applying job evaluation systems to maintain the integrity of the system. Updating of job evaluation points is required by the Pay Equity Act but no frequency is mandated. I recommend that you review all jobs every five to seven years. Either an employee, or a department head, may request a review of the job evaluation paints for a position. The job must have changed significantly from the last time it was reviewed. The person requesting the review must provide in writing a detailed description of the job changes. The written request, if from an employee, would then be submitted to his or her supervisor for review and comments. The supervisor should review the accuracy of the stated changes and agree or disagree with the description of the jab change. If there is disagreement, the supervisor will supplement the document with any clarifications or changes. The department head will then review the document to determine whether he or she agrees with the description and to determine whether the changes should remain in place or be removed or revised.. If the changes remain, and are seen as signficant to one of the five factors, the document will be forwarded to Human Resources far review. If the request is from the department head, he or she would submit it to the City Administrator for consideration. If the City requires changes to a job through restructuring, the review maybe initiated by the department head, Human Resource Director ar City Administrator. No position should be reviewed more often than every three years unless the City purposely restructures the position and/or the department head and Human Resource Director agree that there is a significant change that will very likely impact one of the job evaluation factors. Job evaluation is not based on volume of work. More work requires additional prioritizing, delegating, working mare hours ar working smarter. Adding ,three duties that are comparable to the existing duties, has no effect an the points. If duties are added that are less complex or difficult than other existing duties, the points would likely not change but could possibly decrease. On the other hand, if a position is restructured and is now supervisory, or vice versa, the points will likely change. Or if new duties are added that are clearly mare responsible, require much more independent thought, decision making ar planning than what was required before, the paints will likely change. SALARY RANGES In developing the salary ranges, I took both internal equity (job evaluation as required by the Pay Equity Law) and the market into consideration. My goal was to be as close to the average of the market as possible, while maintaining internal equity. Monticello had some noted recruitment problems causing employee turnover in some classes, limiting the applicant pool for others and causing new employees to be hired. in at or near the top of the salary range. These problems were noted only far full-time positions. 11 Market In determining what market data within the selected cities was appropriate far comparison, I considered a number of issues. The first step is too determine which jobs were benchmark jabs. A benchmark job is a job that commonly exists in other cities where there would be at least a 70% match in duties. The benchmark positions that had a sufficient number of good matches to the market include: Building Inspector Building Official City Administrator Sewer & Water Maintenance Worker Street Maintenance Worker Mechanic Utility Billing Clerk Liquor Stare Clerk Liquor Stare Manager Finance Director Park Maintenance Worker City Engineer I collected and analyzed market information for these benchmark jobs from Minnesota cities of comparable size using the League of Minnesota Cities Salary Survey. The market information I used for the salary ranges was obtained from cities with populations ranging from 9,500 to just under 25,000, with the majority of cities between 10,000 and 2D,000. The metro cities used were outlying cities and I used data from a number of cities in greater Minnesota as well. The number of employees in these cities ranged a lot depending on what services were provided. The average number of fulltime employees in the comparable cities was 85 full-time employees and 18 part- time. Monticello has S l -S4 FT and 109 PT according to the LMC Salary Survey. Monticello has a lot more part-time because of the Community Center and significantly fewer full time, at least in part, due to not having a Police Department. Once I determined which cities were campazable based on population and location, I then examined the market data far jobs that were a good match for the benchmark jobs. Wherever there was a sufficient number of good matches far a position, I then calculated the average of the minimum and maximum salaries for that job. Salary Range Develoument The process T used to develop the salary ranges was as follows: I designed the salary range system using generally accepted practice in the field of compensation. There is some flexibility in the practice that allows one to gear the system to fit the employer. The number of grades needed depends on attaining a balance between too many (where any change in responsibility will change the salary grade) and too few (where it is obvious that jobs having different values are in the same grade). The number of grades that best fit the City of Monticello based on this criteria was 25. 12 I developed a point to grade conversion chart to assign an equal number of points to each grade. Using the market data along with the job evaluation points, I developed a framework and then placed all existing and proposed positions into the system at the appropriate place based on their jab evaluation points. The goal was to develop a logical pay system that increases as jab evaluation points increase, while incorporating accepted compensation principles and practices commonly used in Minnesota cities. I examined a number of mathematical approaches to match the market with the job evaluation points (internal equity). It usually works best to have most of the salaries increase by some mathematically proportional relationship to ensure compliance with Pay Equity. However, in this case, the market data from comparable cities did not tit any consistent percentage increase between grades, so I used a variable rate to mare closely match the market. I used a 30% spread from minimum to maximum divided into eight equal steps. The salary ranges included in this report are based on 2007 market data sa will be adjusted for 2008 by the Finance Director. (See Appendix E for the 2007 salary ranges.) Before I began the project, I met with the Personnel Committee, City Administrator and Community Center Director. We discussed developing a system with half steps to provide flexibility to reward employees based on performance, so there is a Step 1, 1 %z, 2, Z%z, and so forth. The length of the salary range being proposed is eight steps. So, assuming a new employee was hired into step one and their performance was fully satisfactory each year, they would get one step each year until they reached step eight. Whenever a half step is used due to performance, the speed at which the employee will move through the range will change. Sala Administration Adopting the proposed salary ranges will assist the City in compliance with the Pay Equity Act, while providing a system that is easy to maintain and administer. Compensation systems allow for increases in pay for employees who stay and grow with the City. They provide an objective method for determining how much to pay a new hire and how much of an increase to give a current employee. Apay-for-performance component allows you to differentiate between superior and satisfactory performers as well as those who need improvement. Under this system, employees will be eligible for a step increase once per year, until they reach the top pay for their job. Assuming employees are hired into step one, it will take 7 years to reach the top salary if they receive one step per year. However, there maybe times when it makes sense to start a new employee at a higher step based on their previous experience, current salary, and the difficulty in finding good candidates. Ifpay-for-performance is approved, employees could receive: no step increase, %z step, 1 step, 1 %z steps or two steps, based on their performance. The reward of two ,steps should be rare and limited to employees whose performance was consistently exceptional for the preceding year. The City Administrator should have final approval authority for any increase in pay outside of the normal one step increase to ensure consistency between departments. 13 An employee whose performance is consistently very good far the year could get up to 1 %z steps. An employee whose performance was mostly satisfactory but had a couple of relatively insignificant areas that were problems or needed improvement, could get up to %z step. Lastly, an employee whose overall performance needed improvement or there were significant performance problems in a given year would not get an increase that year. Once any employee reaches Step 8, they are at the top and can only receive am~-ual adjustments that are given to the salary range each year, as determined by the City Council. SALARY RANGE ADJUSTMENT Ongoing maintenance of the salary ranges should be minimal. The salary ranges were developed using 2007 market data. They will need to be adjusted for 2008 once the City Council decides what the annual adjustment (COLA) will be for 2008. The pay range far any classification covered by a bargaining agreement must be negotiated, sa the salary ranges will initially apply only to non-represented employees. The City can, with agreement of the unions, re-open contracts for negotiation limited to this topic. To retain the City's pay relationship to the market over time, the City should collect information on what other cities of comparable size are considering far annual adjustments. For example, if most cities in the relevant labor market are considering a 3% cost of living increase for 2008, the City will want to consider a 3% increase if it wants to retain its relationship to the market. The City will also want to consider several other factors in making this decision such as budget constraints, employee turnover rates, actual or potential recruitment problems, union contract settlements and employee morale. It is recommended that annual increases (cost of living adjustments) go into effect on January 1, or the beginning of the first pay period of each year. The Council retains the discretion as to how much, if any, of an annual increase to adapt. It is important to apply any cost~of living increases to the entire pay system. All grades in the salary ranges, and all steps within each of those grades, should be adjusted by an equal percentage. That way you will maintain the internal relationship for pay equity compliance. If you adopt different annual increases for different positions, you will lose the internal equity established by the salary ranges. As mentioned earlier, COLA increases will have to be negotiated for positions covered by a collective bargaining agreement. Initial Placement of Emnlovees Into the Salarv Ranges One of the policy decisions for the City Council to make is to determine how to place the employees into the salary ranges the first time. Because the salary ranges are new but the employees are not -and are already being paid a particular salary -placement into the ranges now is a unique situation. 14 I typically recommend moving the employees to the step equal to - or just above -their current salary to get the employees into the ranges the first time. However, if no increases have been awarded this year pending the outcome of this study, you maywant to move everyone, whose performance merits an increase, one step higher than that. No employee should be placed below step one or above step eight of their salary grade. If an employee's current salary is above step eight for their new salary grade, that employee's pay could be frozen until annual adjustments (COLA) bring the salary ranges up to the existing salary. Water & Sewer Licenses The positions of Water & Sewer Operator are unique positions where the City has expereinced higher turnover and difficulty in recruitment. Part of the reason for the difficulty in recruitment is that the City had required applicants to have a Class D Water license and have worked in a Class C facility to apply for the job, severely limiting the applicant pool. While it is very helpful and desirable to have the licensure, and very helpful to have the experience in a Class C facility, it limits the applicant pool too much. Therefore, I eliminated the license requirement and opened up the expereince requirement to increase the applicant pool. This will mean more training will be required for new employees hired without this background. So, to supplement to that, I would. recommend the City pay a differential of some amount per hour to those employees in the Water & Sewer Operator classification who have a Class D Water license. An applicant who has previous experience in a Class C or higher-level facility, could be brought in above step one if appropriate. This would require negotiation as this position is covered by a union. I am not recommending a differential for other optional licenses employees may have. This is a unique situation since I significantly reduced the minimum qualification below what was in place and this position is a difficult position to fill. The addition of a differential for a Class D Water license for this classification will not impact the City's pay equity compliance. PAY EQUITY ANALYSIS Other than market comparability, my primary concern when developing and recommending salary ranges is internal equity, which relates directly to pay equity compliance. All employees wha work year-round For more than 14 hours per week, or in a position that is more than 67 days per year (or more than 100 days per year if the employee is a full-time student) must be included in the Pay Equity Report. I tested the proposed salary ranges using the State Pay Equity software and have attached the reports. This assumes adoption of the restructuring, the new job evaluation. points and the salary range proposal. The City will be in compliance with pay equity with these changes. (See Appendix G for pay equity reports.) ]5 RECOMMENDED ACTION STEPS 1. Review and accept the proposed restructuring or modify as appropriate. 2. Accept the jab evaluation ratings. 3. Adopt the salary ranges and salary administration system with the performance pay component for non-represented staff along with a method to move the employees into the salary ranges initially. This excludes the part-time liquor stare positions and part- time recreation positions at the Community Center and seasonal positions. 4. Negotiate adoption of the salary ranges and salary administration system, with the performance pay component, for union positions. Zf there are any questions on the process used or results of this project, please feel free to contact me at (651) 770-7216. I enj Dyed warping with the City of Monticello and wish you the best as you rraeet your current and future challenges. 16 APPENDIX A. Letter of Agreement B. Modified Princeton Job Evaluation System C. Detailed Job Evaluation Results D. Total Points and Proposed Grades by Job Title E. Salary Ranges (Annual and Hourly) F. Point-To-Grade Conversion Chart G. .Pay Equity Software Reports using new system H. Jab Descriptions ~~ ~ ~ ~ T 0 ppp ^ V ~ O y C N ~ ~^ i ~ N' I ~ r C F G m - a ~ ~ ~ _ c 'Z'l ~~ ' ~ ~ N ~ _ ~,~ ~~E c~ m U ~ L ~ ~ l l° E C ._ ~ E ~ • ~ ~ ~ N z N of ~ ~ ~ _~ ~ ~ 8 ° ' ~ p ' ~ ^ y z I ~ ~ N g ~ ^ $ ~', E ~ {~ ; ~ c Vj N ~ g ~ ~~ a .-. ~ C N N ~ vr L 7 c I ~ •7 ~ U (J ~ ~ ~ ~ N y'. E ~ V ^ C 7 ~ C ~ O ~ • c • 1p f0 ~~ Q (J ~ E ~ C ~ $ c ~ ~ ~ N N N N o f0 ~ LL E ~ c `.~ ~ ~ N ~ ~ $ _ C g ~ ~ - N ~ LL ~ ~ ~ c N c N ~ ~ o ~ !I ~' ~ N ° ~ y y ~ E ~ ~ ~' y ~ 'G C ~ N ~ ~ ~ ~ !~ nC' Gpp ~ ~~ 7 N ~ N ~ ~ ~° O ~ ~ 'S C ~ ~~ ~ ~ t7 ~ 2 ~ n'' n c ;~ F1 ~ G O L N N ~ c c ~ p C ~ C o g'-- 'p (Up ~~~ ~ •2 ~ C r C r ~' ~ ~ rpp ` ' z ~ a° a a z° a° ~'•S mci$ z rn' ¢ ~ i~ ~c ~~ ~~ ' _ ~ aE aE rn a~ ~~pp C7 ae ~1yy77 M ae m cp ae m N aE v r a~ r~ O a~ rn tD ae ti CS a~ r~ O aE r. 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Q O Q O a N d a. m m m ~ O Q r o a O ¢ C7 Q O Q N r Q r O Q r o Q ~^- Q ~ m N C`7 m N ~ ti m N L'7 m N cr] Q M u7 V M O> V M o5 !0 d '~ w+ m +. ca O c~ O m r C? cv r O ~ ~.. O ro O co O v r GO ~ v r. OD ~ ~ ca PO m O ~ ~ N ~ p1 c~ ~ i'7 ~ ~y Op ~+ ~y GO ~ Q r Q r Q r Q r Q r N CO M m M _ C~ f~ C'') m C~] t47 m c7 ~ M m ~ m ~ m eY' Q C V V a ~ 3 r ¢ O r r Q © r ~"- Q O r _ Q O r r Q O r ~ m . O N r Q 0 r T" Q O r r ¢ ~"' Q O r ~^ Q O r C7 r r (7] 0 M r [~ 0 C'7 _ CD O C'7 N [~ O ~ N m O ~ a ¢ c Y a., ~. U ~ o ~ ~ U U O ~,,, O ~ ~ ~ ~ O ~ rii C] ~. ~ ~ 7 ~ ~. .v'. O V ~ ~ ~ ~ ~ cC ~" ~ ~ cd f-~, F . . ~ ~~ yyyy ~" O U ~ ~ y ~ +' r7 ~ i"' ~ 'y"/~ ~ ~ ~ ~--~ VJ ~+ VI ll ,, JJ ~ iti ~ ~ ~ O V.I ~ ~ ~ - ~ w Q L ~ CI . ~ . 47 Q) L:i M (O (,p x^- p ~ 1~ Ci D~ N J f~ M (D [p ^ . N N O m CA A JJ7 ~ . ll) m (n <D ' J C7 M t7 cq [b . f+ 1;(3 •1 M r N ~ f~ C10 to r b t•J } +tt ~ 47 w 4] O N ' Q] N N ~ N (~ N . [b N Qj N t'1J M C3 <t M (17 n M 7 O : ~ [ri ~ I ~ 4') C7 9 t! /? 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I.• L o ' ''„ A . ~ O m d N m C7 V J J ~ ~ J ~ D O IL Q Q ~ a J J N m ~ LL Q a to r r L ~I,~ , ~~.~u n ;,~3r~ ',~~'''~'L' .,~".. YL ~ T.,: • CITY OF MONTICELLO AND LU.O.E., LOCAL 49 IvIEMORANDUM OF UNDERSTANDING SALARY AND EVALUATION ADJUSTMENT The purpose of this Memorandum of Understanding is to assist bout Labor and Management in dealing tivith the changes to the 2007 salary schedule and employee evaluation process. WHEREAS, "I'he City of Monticello (hereinafter "Employer") and the International Unian of Operating Engineers, Local Ito. 4~), (hereinafter "Unian"') are parties to a callective bargaining agreement that is currently in force; altcl WiFIEREAS, the Parties desire to reach an agreement and understanding of ilte adjustments to the 20()7 salary schedule and t}te pay increase eligibility process; NOW, THEREFORE SE IT RESOLVED, that the parties agree as follows for the period ending March 31, 2009, which coincides with the expiration of the current collective bargaining agreement: 1) Shift employees to the same pay structure as non Unian employees, ntadifying Appendix # 1 this would include; (See attached proposed pay scale) a) Adding the eighth step to the pay scale b) Modifying the pay structure to include half steps. c) Administer the pay increases upon a successful annual pet•fonttance evaluation d) Ta identify in the Personnel Manual a future process for appealing annual performance evaluatiatt e) City Council approval of the proposed scale and the half step increases is pending. C7 THE PARTIES have caused this Letter of Agreement to be executed by their duly authorized representatives whose signatures appear below. CITY OF )vIONTICELLO .leff O'Neill, City Administrator LU.O.E., LOCAL 49 ..- _... R, ~- .- ;;,f ,., ~ , .,, Kent A. Ko/c•ta~'an, area Business Rep. Date Date Monticello City' Hull. 505 Walnut S[reet, Suite I - Monticello. MIS »36''-5831 • f763) Z95-?711 • F'ax (7631 295-1(14 C)ffice of Public Works, 9()9 Golf Course Rd., Monticello.lL4N 55362 • 1'.763) 295-317(1 • Fax (763) 271-3?72 MONTICELLO N N N W~ W r ~ tir r .a r ..- ~ td' Q ~.1 O1 N A W h1 .+ LTA(.+N Otp OpV df tMA W N.+Q ].~ ~ (a ` 1 ~ P_ 7" m f~ (~~ /-~ ~ ~1 1 ~ -~ ~, r,. ~~ ~ ~ (~l T ~ (" rn ~~ ~ ~' C~` J • • CITY OF MONTICELLO COMPENSATION STUDY REPORT March 18, 2008 • Prepared by Sherrie Le Sherrie Le HR ~ LR Services, LLC sherriele a~yahoo,carn 65~-77Q-721f TABLE OF CONTENTS Section Pale Background 3 Job descriptions & Classification Analysis 3 Benefits of Restructuring $ Job Evaluation 8 System Factors 8 Job Evaluation Review Requests 10 Salary Ranges 11 Market 12 Salary Range Development 12 Salary Administration 13 Salary Range Adjustment 14 Initial Placement of Employees into Ranges 14 Water and Sewer Licenses 15 Fay Equity Compliance 1 S Recommended Action Steps 16 Appendix 17 l • C BACKGROUND I was contacted by Jeff O'Neill, City Administrator far the City of Monticello, to conduct a comprehensive compensation project for the City. The project was to include interviewing employees, preparing job descriptions, analyzing classification issues and evaluating jobs using an approved job evaluation system. Once that part of the project was complete, I was to analyze market information and develop a compensation plan for the City that complied with the State Pay Equity law. In addition, I was asked to review the City's draft Personnel Policies. (See Proposal -Appendix A) Once the project was underway, it became necessary to expand it somewhat to accommodate additional job classes that were not previously included. In addition, due to some significant restructuring, additional job description and job evaluation. work was required. Work began in late August. The project included: 1. Conducting employee interviews for each job class (and within some job classes, for each position) to collect information far job descriptions, job evaluation and classification analysis. 2. Preparing jab descriptions for review by employees and management staff and making final edits as appropriate. Revising job descriptions as positions were restructured. 3. Evaluating the jobs using the Modified Princeton Job Evaluation System. Job evaluation was also completed on restructured and proposed positions. 4. Gathering and analyzing market data and developing salary ranges using market information from comparable Minnesota cities and the updated job evaluation points. The proposed salary ranges were then tested for compliance with the Local Government Pay Equity Act using the State software. Preparing a written report of the results with attached job descriptions, job evaluation. and pay plan information and pay equity reports -along with a discussion of classification and restructuring issues and recommendations. JOB DESCRIPTIONS & CLASSIFICATION ANALYSIS Job descriptions have been developed for 52 classifications. (Job descriptions attached as Appendix H.) As mentioned earlier, there were several jobs restructured. to better meet the needs of the City. Some of them. were restructured again taking into consideration budget constraints. • New or restructured ositions include: City Administrator -- (Restructured, removing some direct reports and delegating more to the • Community Development Coordinator and new Human Resource Manager position) This position had far too many direct reports and was perfornaing too much community development work, leaving little time to meet with the department heads an an individual, ar collective basis - for anything other than community development purposes. We propose moving the Liquor Store and Deputy Registrar functions to the Finance Director. We also propose moving the Chief Building Official under the Community Development Coordinator over the next several months. Human Resources work will be handled by a new position. When the existing Economic Development Director retires, the City Council will consider changes to this function, including the possibility of merging some of the responsibilities into the Community Development Department. This will result in three less direct reports for the City Administrator. Human Resource Manager - (New position) This position is budgeted for 2008. After considerable deliberations, the Personnel Committee decided that they would like to see if the position can be effective as a separate position at a lower level than originally proposed. The position, assuming full Council approval, would be posted, applications accepted and interviews held. If a good candidate is found, the position will be filled. As a back-up plan, the position of Community Center Director maybe merged with Human Resource Director as described below. Human Resource and Community Center Director - (Restructured, merged Community Center Director with proposed Human Resource Manager position.) Due to budget constraints and interest in this area by the incumbent, we discussed merging two department head positions into one. There will, of course, be a domino effect in that some of the work previously done by the Community Center Director will be delegated and an office specialist will be hired to assist with the human resource and community center support work. Training and mentoring an the human resource area will be provided to make this transition as smooth as possible. Assistant Community Center Director - (Restructured position, formerly MCC Program and Operations Coordinator) If the proposed position of Human Resource Manager were merged with the Community Center Director position, the Program and Operations Coordinator would be given more supervisory and operational responsibility and authority. Finance Director - (Restructured position, added supervision of Liquor Store and Deputy Registrar staff and operations.) Bath of the newly added areas have managers so this will not be quite the same amount of work as with Finance. There will also be some employee benefit- related responsibilities that will be part of the Human Resource function. It should be noted that the increase in supervision might be too many direct reports for this position, especially because this change adds two new operational areas to the workload. This should be closely monitored and if necessary, some supervision should be delegated to the Senior Accountant, making that an Accounting Supervisor position. ~~~~ Senior Accountant -The position will no longer da payroll. There may also be same employee contact that will now be handled by Human Resources. 4 Program and Projects Coordinator - (Restructured position, formerly Senior Finance Officer) This position spends only about 20% of the time on finance work, so the existing title wasn't very descriptive of the jab. There are only minor changes to the duties, including adding coordination of annual purchasing contracts and animal control. The job will remain in Finance and will continue to be responsible for the IT program as well as a number of special projects. The position will only be backup for payroll, assuming the proposed part-time payroll clerk position is approved. There will fewer employee contacts related to benefits, HIl'AA, COBRA or policy clarifications that will now be handled by Human Resources. PayrolUFinance Clerk _ (new part-time position). This position was created primarily to do payroll and miscellaneous clerical and data entry work. Previously, payroll was incorporated loosely into two higher-level jobs, Senior Finance Officer and Senior Accountant. It didn't really make sense in either of those jobs and as it was lower level work. Community Development Coordinator - (Restructured to strengthen the higher-level community development responsibilities and authority and added supervision of the receptionist and building permit technician) Additional training will be provided to ensure a smooth transition. There are three existing functions that were considered separate departments but, because of the nature of the work, must work very closely together. Those are economic development, community development and building and zoning inspection. Under the proposed plan, the Community Development Coordinator will, over time, take over supervision of economic development and building and zoning inspection. Adding building inspection is actually a return to the structure that existed just before the new City Administrator was hired. This will be a gradual process. Step #1: Assume greater responsibility and authority in community development and begin supervising the Receptionist and Building Permit Technician. Step #2: Begin supervising the building and zoning inspection function and staff with the Chief Building Official reporting to her. Around this time, the jab title will change to Community Development Director. Step #3: When the current Economic Development Director retires, consider replacing with a lower level economic development professional reporting to the Community Development Director. Economic Development Director - (Slightly restructured) The changes include: increased supervision by, and accountability to, the City Administrator, better coordination with Community Development and more technical direction and assistance from the Finance Director on T1F. As mentioned earlier, the position will likely change further in the future. Chief' Building Official - (Change to reporting relationship and supervisory authority). The Building Permit Technician will no longer report to this position, but will instead report to the Community Development Coordinator. The Building Official will still provide technical direction to the technician position. This Building Official will begin reporting to the Community Development (Director) later this year. In the meantime, they will begin working more closely together to prepare for the transition. 5 Administrative Assistant - CD/ED &Eng. This is a new position to provide administrative support for the Community Development Coordinator, Economic Development Director and City . Engineer. It will likely not be filled this year due to budget constraints. It is anticipated that the Receptionist and Building Permit Technician will take on some of these duties. Building Permit Technician -~ (Restructured pasitian, fomaerly Building Inspection Coardinator) This positian had an unusual name that implied more control over the inspectars than was evident. Most other communities call this job a building permit technician so we changed the title to be consistent with that. The difference remains that this position has higher educational background than most building permit technicians, so is expected to answer higher- level questions that come in, rather than referring them to inspectors. We also propose changing the reporting relationship to the Community Development Coordinator and limiting the supervision by the Chief Building Official to technical issues. The plan is to return the Building Inspection function to Community Development, as it is in many cities and was previously in Monticello. Because the City is not filling the new Administrative Assistant - CD/ED &Eng position, the Building Permit Technician will likely do some of the support work for the Community Development Department. Receptionist -This position will change reporting relationships and will likely take on some additional support work from Community Development. It already has responsibilities as a backup for building and zoning. The position will no longer report to the Deputy Clerk but will. report to the Community Development Coordinator. This position may need to be looked at for upgrading in the future, depending on the level of responsibility of any added duties. I recommend this position be examined after atwo-year period to give it time to evolve. It may take that long to determine whether the proposed positian of Administrative Assistant - CD/ED/Eng will need to be filled. If it is filled, the receptionist job could change again, returning it to its present responsibilities. Deputy City Clerk - (Restructured, no longer supervisory). This position will also be transferring some responsibilities to the Human Resource Manager. The employee personnel files and data practices compliance for personnel, applicant and labor relations' data will go to the Human Resource Department. This position may continue to assist with administrative support work related to hiring but the amount. and level of responsibility will be diminished as this is taken over by the Human Resource Manager. The receptionist position is being moved to Community Develaprnent. Deputy Registrar Manager -Will now report to the Finance Director instead of the City Administrator. Liquor Store Manager and Assistant Manager -The Liquor Store Manager will now report to the Finance Director instead of the City Administrator. The Liquor Store has two management employees who both work days. With the addition of the Liquor Stare Supervisor, the store is a bit top heavy. That is unusual compared to other municipal stores. I recommend the City look at having one manager on days and the other on evenings, with overlap between the two shifts on most days. In addition, one or both of the managers could work some Saturdays. s The day and evening shifts could be rotated between the two managers or the. assistant could work the second shift. The Liquor Store Supervisor position would not be needed if the two managers covered the bulk of the business hours. The classification could be eliminated and replaced with a Liquor Store Clerk. Besides being top heavy, the number offull-time employees seems high for anoff--sale liquor store. The City Administrator, Finance Director and Liquor Store Manager should discuss the following and provide recommendations to the Personnel Committee. 1. Consider reducing the number offull-time staff to three or four. 2. Consider eliminating either the position of Assistant Liquor Stare Manager or of Liquor Store Supervisor. 3. Transfer all event planning and ordering to the two top management positions. 4. Is travel out of the City to purchase small amounts of specialty products the best use of resources, especially fora high level employee? Can the trips, if determined necessary, be consolidated? 5. It would be more cost-effective and provide higher-level management coverage for more hours if the Liquor Store Manager and Assistant Manager did not both work days. City Engineer - (Restructured somewhat) Will assume additional duties from the Public Works Director and will assume supervision of construction inspection functions and positions. Will be able to delegate lower level engineering work to the Engineering Assistant and possibly to the Engineering Technician. (see below) Engineering Technician - (Retitled from Construction Observer) The two construction observer positions have been split into two classifications. Engineering Technician will now be the title for the duties currently done by the title Construction Observer. The position will no longer report to the Public Works Director but will report to the City Engineer instead. Engineering Assistant -The other Construction Observer will become an Engineering Assistant and will assist the City Engineer with lower level engineering work, in addition to construction inspection work. Public Works Director -This position will na longer supervise the construction inspection function or staff. The City Engineer is gradually assuming the engineering work done by this position. This will be more easily assumed now that the City Engineer has some staff. Street, Parks, and Water & Sewer Collection Operators -- There is no change to these jobs but they will no longer be called mechanics. The title was left over from before the Shop Mechanic position was created. This is not to say that these employees do no mechanical work, but the primary mechanic is the Shop Mechanic/Operator. n BENEFITS OF RESTRUCTURING With the above changes, we hope to accomplish the Following: • Provide more time for the City Administrator to lead, manage and direct staff and operations. • Increase communication between the department heads and City Administrator. • Streamline and professionalize hiring, benefits administration; worker's compensation, and legal and regulatory compliance in employment and labor areas. • Provide a knowledgeable person to accurately answer employees' employment questions. • Professionalize new employee orientation and training. • Coordinate and ensure compliance with OSHA safety rules and regulations. • Improve coordination, efficiency and communication between economic development, community development and building and zoning inspection. • Provide staff support to Community Development and Engineering. • Alleviate some of the workload for the Public Works Director. • Increase efficiency and save time through annual purchasing contracts. • Provide onsite professional advice to supervisory staff on performance management concerns. • Increase the number of hours that the Liquor Store has management staff present. • Improve consistency in the application of personnel policies. • Improve services to the Community while reducing costs. JOB EVALUATION To ensure compliance with the Pay Equity Act, all jobs had to be evaluated using a gender neutral job evaluation system. By law, the system must measure skill, effort, responsibility, and working conditions. I used the Modified Princeton System, the same system put in place when the Pay Equity Law first required compliance. This system was originally developed by the City of Princeton with the help of State's Pay Equity Coordinator. The State law was amended after the system was developed requiring an additional factor entitled "working conditions" be added. As a result, the Princeton System was modified to include this factor as it was not measured in Princeton's original system. In addition, a factor entitled "Varied Work" was deleted Borne years ago as the system was refined. The system measures five factors and is described below. (A copy of the system documentation is attached-Appendix B.) System Factors• 1) Knowledge and Experience -This factor considers the relative amount of knowledge and experience needed to perform the required work. There are two steps in rating this factor: r~ • l J a). Knowledge is rated first and'there are six levels to choose from. The levels range from high school graduation to comprehensive knowledge of several important areas of management and business. (equivalent to something above a master's degree). b) Experience is ranked second and has four levels ranging from Limited (0-2 years) to Comprehensive (over 9 years) The rating reflects the number of years of experience required to be considered for entry into the position. 2) Accountability for Actions -This factor considers the accountability for actions that is required of the position and includes: freedom to make decisions, independence of actions, degree of responsibility for budget and operations, and relative amount of control the position allows. There are three steps in rating this factor; a) First, discretion and independence is rated using a five level scale from restricted (duties. are routine and explicit) to principal (complete responsibility far developing and. evaluating major programs). b) Second, influence on budget and operations is rated using a four level scale from minor to maximum. c) Lastly, the amount of control is rated using a three level scale from. advisory (makes suggestions) to direct (full responsibility for final result). 3) Planning -This factor considers the degree of planning required and the time span covered by most of the planning. There are two steps in rating this factor: a) First, the degree of planning is rated. using a seven level scale from no planning responsibility to planning entirely new ventures in uncharted areas requiring creative analysis, projections, and judgment. b) Lastly, the time span of the planning is rated using a six level scale from immediate application. to planning extending over two or more years. 4) Supervision. -This factor considers the degree to which the job is supervisory, the number of people supervised, and the level of supervision exercised. There are three steps in rating this factor: a) First, the type of supervision is rated using asix-level scale from no supervisory responsibilities to managerial supervision over a large group of employees with diverse jabs. 9 b) Second, the level of supervision is rated by determining whether the job requires partial or complete supervisory control. in each of ten different aspects of . supervision such as: hiring, discipline, establishing work methods, etc. c) Lastly, the number of employees supervised. is rated with a range of employees (i.e. 1-3, 4-7, etc.) being assigned a point value. S) Working Conditions -This factor considers physical effort, environment, and hazards. For any condition that is applicable, the frequency is determined. (There are sixteen individual conditions such as "exposure to extreme cold or heat", "heavy lifting," etc.) Frequency is rated using a five level scale from "none" to "always." All jobs that are required to be reported to the State in the City's Pay Equity report were evaluated, along with proposed and restructured positions. Two charts are included in the Appendix showing the results of the jab evaluation. The first chart shows the results individually - by factor - for each job class, in point order. The second chart shows total points by job title, along with the proposed salary grade. I did not include the part-time Community Center or part- time Liquor Store employees in the new salary ranges. Their pay had been closely monitored and was based an the going rate in the market. Their pay ranges will remain separate. (See Appendices C & D) Job evaluation systems are not intended to measure the capabilities of individual employees, nor does it measure employee performance. Employees may have the knowledge and capability of doing much higher level work than what the position requires. A City may also have employees who perform far above, or below, their expectations. Job evaluation systems also do not measure everything about a job. It is good policy to reward employees for superior performance but the assignment of job evaluation points is not where this should occur. What job evaluation measures is the position what the City requires -regardless of who happens to be in it at any given time. Rewarding employees for superior performance can be accomplished using the speed of movement in the salary ranges in conjunction with a performance appraisal system, as well as by non-monetary methods. Job evaluation is the internal job value and is not influenced by the market. The market, on the other hand, responds to the laws of supply and demand and recruitment and retention issues. The market does not base pay on internal job evaluation. The State Pay Equity law requires compliance with specific criteria based on internal jab evaluation. Job Evaluation Review Re uests The jobs are assigned to grades based on the job evaluation points. If a job should change significantly, the City can re-evaluate the job using the attached job evaluation system. If the total points should change enough to move the position. into a different salary grade, the Point-to- Grade Conversion Chart (Appendix F) will indicate where it should be moved. ro You may want to consider using a neutral party experienced in applying job evaluation systems . to maintain the integrity of the system. Updating of job evaluation points is required by the Pay Equity Act but no frequency is mandated. I recommend that you review all jobs every five to seven years. Either an employee, ar a department head, may request a review of the job evaluation points for a position. The job must have changed significantly from the last time it was reviewed. The person requesting the review must provide in writing a detailed description of the job changes. The written request, if from an employee, would then be submitted to his or her supervisor for review and comments. The supervisor should review the accuracy ofthe stated changes and agree or disagree with the description of the job change. If there is disagreement, the supervisor will supplement the document with any clarifications or changes. The department head will then review the document to determine whether he or she agrees with the description and to determine whether the changes should remain in place ar be removed or revised. If the changes remain, and are seen. as signhcant to one of the five factors, the document will be forwarded to Human Resources far review. If the request is from the department head, he or she would submit it to the City Administrator for consideration. If the City requires changes to a job through restructuring, the review maybe initiated by the department head, Human Resource Director or City Administrator. No position should be reviewed more often than every three years unless the City purposely restructures the position and/or the department head and Human Resource Director agree that there is a significant change that will very likely impact one of the job evaluation factors. Job evaluation is not based on volume of work. More work requires additional prioritizing, delegating, working more hours or working smarter. Adding three duties that are comparable to the existing duties, has no effect on the paints. If duties are added that are less complex ar difficult than other existing duties, the points would likely not change but could possibly decrease. On the other hand, if a position. is restructured and is now supervisory, or vice versa, the points will likely change. Or if new duties are added that are clearly more responsible, require much more independent. thought, decision making or planning than what was required before, the points wi111ikely change. SALARY RANGES In developing the salary ranges, I took both internal equity (jab evaluation as required by the Pay Equity Law) and the market into consideration. My goal was to be as close to the average of the market as possible, while maintaining internal equity. Monticello had some noted recruitment problems causing employee turnover in some classes, limiting the applicant pool for others and causing new employees to be hired in at or near the top of the salary range. These problems were noted only for full-time positions. it Market In determining what market data within the selected cities was appropriate far comparison, I considered a number of issues. The first step is tao determine which jobs were benchmark jabs. A benchmark job is a job that commonly exists in other cities where there would be at least a 70% match in duties. The benchmark positions that had a sufficient number of goad matches to the market include: Building Inspectar Building Official. City Administrator Sewer & Water Maintenance Worker Street Maintenance Worker Mechanic Utility Billing Clerk Liquor Store Clerk Liquor Stare Manager Finance Director Park Maintenance Worker City Engineer I collected and analyzed market information far these benchmark jobs from Minnesota cities of comparable size using the League of Minnesota Cities Salary Survey. The market information I used for the salary ranges was obtained from cities with populations ranging from 9,500 to just under 25,000, with the majority of cities between 10,000 and 20,000. The metro cities used were outlying cities and I used data from a number of cities in greater Minnesota as well. The number of employees in these cities ranged a lot depending on what services were provided. The average number of fulltime employees in the comparable cities was 8S full-time employees and 18 part- time. Monticello has 51-54 FT and 109 PT according to the LMC Salary Survey. Monticello has a lot more part-time because of the Community Center and significantly fewer full time, at least in part, due to not having a Police Department. Once I determined which cities were comparable based an population and location, I then examined the market data for jobs that were a good match for the benchmark jobs. Wherever there was a sufficient number of good matches for a position, I then calculated the average of the minimum and maximum salaries for that job. Salary Ranse Development The process I used to develop the salary ranges was as follows: I designed the salary range system using generally accepted practice in the field of compensation. There is some flexibility in the practice that allows one to gear the system to fit the employer. The number of grades needed depends on attaining a balance between too many (where any change in responsibility will change the salary grade) and too few (where it is obvious that jobs having different values are in the same grade). The number of grades that best fit the City of Monticello based on this criteria was 2S. C 12 ' I developed a point to grade conversion chart to assign an equal number of points to each grade. Using the market data along with the job evaluation points, I developed a framework and then placed all existing and proposed positions into the system at the appropriate place based on their job evaluation points. The goal was to develop a logical pay system that increases as job evaluation paints increase, while incorporating accepted compensation principles and practices commonly used in Minnesota cities. I examined a number of mathematical approaches to match the market with the job evaluation points (internal equity). It usually works best to have most of the salaries increase by some mathematically proportional relationship to ensure compliance with Pay Equity. However, in this case, the market data from comparable cities did not fit any consistent percentage increase between grades, so I used a variable rate to mare closely match the market. I used a 30% spread from minimum to maximum divided into eight equal steps. The salary ranges included in this report are based on 2007 market data so will be adjusted for 2008 by the Finance Director. (See Appendix E for the 2007 salary ranges.) Before I began the project, I met with the Personnel Committee, City Administrator and Community Center Director. We discussed developing a system with half steps to provide flexibility to reward employees based on performance, so there is a Step 1, 1%, 2, 2%Z, and so forth. The length of the salary range being proposed is eight steps. So, assuming a new employee was hired into step one and their performance was fully satisfactory each year, they would get one step each year until they reached step eight. Whenever a half step is used due to performance, the speed at which the employee will move through the range will change. Sala Administration Adopting the proposed salary ranges will assist the City in compliance with the Fay Equity Act, while providing a system that is easy to maintain and administer. Compensation systems allow for increases in pay far employees who stay and grow with the City. They provide an objective method for determining how much to pay a new hire and how much of an increase to give a current employee. A pay-for-performance component allows you to differentiate between superior and satisfactory performers as well as those who need improvement. Under this system, employees will be eligible for a step increase once per year, until they reach the top pay for their job. Assuming employees are hired into step one, it will take 7 years to reach the top salary if they receive one step per year. However, there may be times when it makes sense to start a new employee at a higher step based on their previous experience, current salary, and the difficulty in finding good candidates. Ifpay-for-performance is approved, employees could receive: no step increase, '/z step, 1 step, 1 %Z steps or two steps, based on their performance. The reward of two steps should be rare and limited to employees whose performance was consistently exceptional for the preceding year.. The City Administrator should have final approval authority for any increase in pay outside of the normal one step increase to ensure consistency between. departments. 13 An employee whose performance is consistently very good for the year could get up to 1'/z steps. An employee whose performance was mostly satisfactory but had a couple of relatively insignificant areas .that were problems or needed improvement, could get up to %z step. Lastly, an employee whose overall performance needed improvement ar there were significant performance problems in a given year would not get an increase that year. Once any employee reaches Step $, they are at the top and can only receive annual adjustments that are given to the salary range each year, as determined by the City Council. SALARY RANGE ADJUSTMENT Ongoing maintenance of the salary ranges should be minimal. The salary ranges were developed using 2007 market data. They will need to be adjusted for 200$ once the City Cauncil decides what the annual adjustment (COLA) will be for 2008. The pay range for any classification covered by a bargaining agreement must be negotiated, so the salary ranges will initially apply only to non-represented employees. The City can, with agreement of the unions, re-open contracts for negotiation limited to this topic. To retain the City's pay relationship to the market over time, the City should collect information on what other cities of comparable size are considering for annual adjustments. For example, if most cities in the relevant labor market are considering a 3% cost of living increase for 2008, the City will want to consider a 3% increase if it wants to retain its relationship to the market. The City will also want to consider several other factors in making this decision such as budget constraints, employee turnover rates, actual or potential recruitment problems, union contract settlements and employee morale. It is recommended that annual increases (cost of living adjustments) go into effect on January 1, ar the beginning of the first pay period of each year. The Cauncil retains the discretion as to how much, if any, of an annual increase to adopt. It is important to apply any cost-af-living increases to the entire pay system. All grades in the salary ranges, and all steps within each of those grades, should be adjusted by an equal percentage. That way you will maintain the internal relationship for pay equity compliance. If you adopt different annual increases for different positions, you will lose the internal. equity established by the salary ranges. As mentioned earlier, COLA increases will have to be negotiated for positions covered by a collective bargaining agreement. Initial Placement of Em to ees Iota the Sala Ran es One of the policy decisions for the City Cauncil to make is to determine haw to place the employees into the salary ranges the first time. Because the salary ranges are new but the employees are not -and are already being paid a particular salary -placement into the ranges now is a unique situation. 14. ' I typically recommend moving the employees to the step equal to - or just above -their current salary to get the employees into the ranges the first time. However, if no increases have been awarded this year pending the outcome of this study, you may want to move everyone, whose performance merits an increase, one step higher than that. No employee should be placed below step one or above step eight of their salary grade. If an employee's current salary is above step eight for their new salary grade, that employee's pay could be frozen until annual adjustments (COLA) bring the salary ranges up to the existing salary. Water & Sewer Licenses The positions of Water & Sewer Operator are unique positions where the City has expereinced higher turnover and difficulty in recruitment. Fart of the reason for the difficulty in recruitment is that the City had required applicants to have a Class D Water license and have worked in a Class C facility to apply for the job, severely limiting the applicant pool. While it is very helpful and desirable to have the licensure, and very helpful to have the experience in a Class C facility, it limits the applicant goal too much. Therefore, I eliminated the license requirement and opened up the expereince requirement to increase the applicant pool. This will mean more training will be required for new employees hired without this background. So, to supplement to that, I would. recommend the City pay a differential of some amount per hour to those employees in the Water & Sewer Operator classification who have a Class D Water license. An applicant who has previous experience in a Class C or higher-level facility, could be brought in above step one if appropriate. This would require negotiation as this position is covered by a union. I am not recommending a differential for other optional licenses employees may have. This is a unique situation since I significantly reduced the minimum qualification below what was in place and this position is a difficult position to fill. The addition of a differential for a Class D Water license for this classification will not impact the City's pay equity compliance. PAY EQUITY ANALYSIS Other than market comparability, my primary concern when developing and recommending salary ranges is internal equity, which relates directly to pay equity compliance. All employees who work year-round for more than 14 hours per week, ar in a position that is more than 67 days per year (or more than 100 days per year if the employee is a full-time student) must be included in the Fay Equity Report. I tested the proposed salary ranges using the State Pay Equity software and have attached the reports. This assumes adoption of the restructuring, the new job evaluation points and the salary range proposal. The City will be in compliance with pay equity with these changes. (See Appendix G for pay equity reports.) 15 RECOMMENDED ACTION STEPS 1. Review and accept the proposed restructuring or modify as appropriate. 2. Accept the job evaluation ratings. 3. Adopt the salary ranges and salary administration system with the performance pay component for non-represented staff along with a method to move the employees into the salary ranges initially. This excludes the part-time liquor store positions and part- time recreation positions at the Community Center and seasonal positions. 4. Negotiate adoption of the salary ranges and salary administration system, with the performance pay component, for union positions. If there are any questions on the process used or results of this project, please feel free to contact me at (651) 770-7216. I enjoyed working with the City of Monticello and wish you the best as you meet your current and future challenges. • • 16 • APPENDIX A, Letter of Agreement B. Modified Princeton Job Evaluation System C. 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Call to Order. Mayor Herbst called the meeting to order at 5 p.m. The purpose of the workshop meeting was to review and discuss the pay equity report and related issues. 2. Pav Equity Report. Jeff O'Neill provided background on the process used in the pay equity study. The last pay equity study for the City was done in 1991. Employees have had an opportunity to preview the pay equity study and some adjustments were made based on comments that were received. There are still processes needing Council action that need to be completed. These actions are to: 1) Accept the pay equity report including the job descriptions; 2) Adopt the pay scale and method for switching from the old 2007 scale to the new 2007 wage scale and 3) Adopt the COLA far 2008. Sherrie Le reviewed the draft pay equity study. The report was based on information gathered from her meetings with employees and review of their job descriptions. The position evaluation was done using the modified Princeton system which focuses on five factors. Sherrie Le also pulled market information from comparable cities. In her report, Sherrie Le covered the restructuring of certain positions and how that impacts the overall organization of the city. The proposed changes have the Liquor Stare and Deputy Registrar's office reporting to the Finance Director instead of the City Administrator. The 2008 budget had funds set aside for a Human Resources position. This position was one that generated considerable discussion. The Personnel Committee discussed various options for filling the Human Resources Manager position including hiring an entry level Human Resources person, hiring an experienced Human Resources person and having the MCC Director take on the duties. Human resources duties currently being done by the Finance Department and Deputy City Clerk will become the function of the Human Resources Manager. The Program and Projects Coordinator position will be filled by Cathy Shuman. Only 20% of this position's duties will be finance related. Other duties that maybe added to the position could include purchasing and animal control. The Community Development Coordinator was the position of greatest change. In the past Building and Zoning were under the Community Development Director. It was felt that Building Inspection, Zoning and Economic Development are compatible and should all be under the Community Development Coordinator. It is proposed that this will occur in three steps and the Community Development Coordinator will become the Community Development Director. The City Council will look at different ways of doing economic development but no change is expected as long as the current Economic Development Director is still working. A Community Development/City Engineer Assistant was budgeted for but the position will not be filled in 2008. The receptionist will be under the Community Development Coordinator and will provide staff support far the Community Development Coordinator position. There are also changes proposed for the liquor store. Currently bath the Manager and Assistant Manager work days, Monday through Friday which Sherrie Le said was not typical of most liquor stores. The Fersonnel Committee felt it made more sense to have management cover more hours of operation and are recommending that there is less overlap in the hours that bath the manager and assistant manager are on duty at the same time. Sherrie Le felt five full time employees for an off-sale liquor store was too high. The City Engineer will continue to take on more work from the Public Works Director and the Consulting Engineer. The two construction observer positions (their title will be changed to Engineering Technician and Engineering Assistant) will be under the supervision of the City Engineer. For the Street, Sewer and Water and Forks Department their employees will now be called operators rather than mechanics. Sherrie Le spent considerable amount of time discussing the Human Resources Manager position and its duties. The Human Resources Manager could also act as Safety Coordinator. Sherrie Le stated the job evaluation measures what the City needs a position to do and not the person in the position. The job evaluation measures the parameters of what the City requires. Position points should oat be used to reward employees. Sherrie Le said it is not about the employees it is about the position. She recommended evaluating the position every 5-7 years. The process for handling job changes in the future was outlined. The employee or department head can request a review of point, however the job must have changed significantly from the last time it was rated. Sherrie Le said it is hard to be objective if you are in the system and know all the employees. Sherrie Le said just because new duties are added it doesn't change the points. Points are not based on volume of work. Sherrie Le clarified that she only pulled market information for those positions that matched positions in other communities. There is 30% spread from minimum to maximum covering eight steps. It takes seven years to get to the top step. The Personnel Committee wants to base some of the pay increase on performance. Only exceptional performance could get a two step increase. The system allows''/z step increase. Anything other than a one step increase must be approved by the City Administrator. Temporary and seasonal works are not in the salary scale. Only full-time and part-time employees are covered in the scale. For those employees whose pay was quite a bit above the market, Sherrie Le was recommending their salary be frozen until COLA catches up with it. No one can be placed below the Step #1 wage or above the Step #8 wage. Sherrie Le brought up the difficulty in filling the Water and Sewer positions. She felt the difficulty with filling the positions was because the minimum requirements including having a Class D license were too high. Sherrie Le lowered the minimum requirements for the position and recommended that the City look at a negotiated differential for somebody who does have a license. Clint Herbst stated the Personnel Committee worked on this for a long time noting there was serious discussion on employees getting more than a one step increase. He added that the %z increase ar na increase can be used for those employees whose work is not up to par. Tom Kelly went through the positions that had changes. Five positions were frozen and two positions are still being reviewed. Most other positions would have about a 1 % increase. Certain position fell out of the plan's range. Tom Kelly also reviewed the impact the plan will have on the budget. Putting everyone on the new scale would put the City at $138,000. With a 3% COLA, the City would still be $60,000 below what they had budgeted. These figures include the hiring of a Human Resources Manager. Brian Stumpf asked how many times someone had been hired who actually started at Step #l . Tom Moores, Street Superintendent said at Public Works about 95% of the people hired start at Step #1. Jeff O'Neill asked if the Council was ready to adopt the study and the 2007 salary rate. Clint Herbst said he found the numbers slightly disturbing and noted specifically the liquor store. He pointed out the pay difference between the full-time and part-time clerks. Brian Stumpf asked about the salary difference between the two full-time clerks and Jeff O'Neill said the difference was due to longevity. In discussion by the Personnel Committee it was suggested that Weekend/Night Supervisor be changed so that essentially the liquor store would have three clerks at Grade 4, Step #8. It was felt these positions were overpaid. Clint Herbst brought up the option of putting a sunset date on these positions. The Personnel Committee didn't feel anything with pay equity should be approved until the issues with the Liquor Stare were resolved. Tom Kelly and Jeff O'Neill will meet with the liquor store staff and come up with a better plan of operation. Clint Herbst didn't feel any part of the pay equity study should move forward until everything was done including the liquor store. As far as the liquor store, the City wasn't looking at cutting positions but restructuring the hours and moving the Weekend/Night Supervisor to a clerk position. Wayne Mayer stated that what was happening at the liquor store shouldn't be allowed to continue. Tom Kelly said the whole scheduling pattern at the liquor store needs to be redone. Several Councilmembers expressed the opinion that Joe Hartman as Liquor Store Manager should have been present at this meeting. It was pointed out that staff had only received the pay equity information on Wednesday. Clint Herbst responded that the Council didn't see it until they got their agenda and yet they were expected to make a decision on it. Wayne Mayer said the liquor store issues are serious and should be taken care of immediately. Wayne Mayer asked if the COLA could be implemented and have the 20007 salary scale tabled until the liquor store issues are resolved. Tom Kelly felt it would be better to approve the salary scale first and the COLA. Brian Stumpf asked how they could justify freezing the salary of a position for 5-6 years. Clint Herbst responded how could the City justify having five full-time employees at the liquor store. Clint Herbst felt by putting a sunset date on the full-time positions they would end up with more partTtime employees. Sherrie Le agreed there too many full-time positions. It was proposed that for the liquor store as of January 1, 2009 there would a manager, assistant manager and part-time clerks. By giving the employees until January 1, 2009 they would have adequate notice of the proposed change . Susie Wojchouski asked if Sherrie Le had looked at volume of sales when comparing the liquor store to other liquor stores. Sheme Le indicated that she had not. Wayne Mayer voiced the opinion that six months is sufficient notice time for the changes to the liquor store positions. Wayne Mayer suggested not acting on the pay equity study at this time which would give the City time to get the liquor store issues addressed and allow other employees to get any questions or concerns they have answered. He recommended this come back at the April 14, 2008 meeting. Clint Herbst suggested setting a meeting up with the union prior to the next meeting. Tom Perrault brought up the question of having a designated second in command when the City Administrator is out of the office. WAYNE MAYER MOVED TO TABLE ACTION ON THE PAY EQUITY STUDY AND RELATED ISSUES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 3. Adioarn. The workshop meeting adjourned at 6:35 p.m. Recording Secretary Council Minutes:3/24/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 24, 200$ - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wajchouski. Members Absent: None. 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance. 2A. Approve minutes of February 2S 200$ Regular Council meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 25, 2008 REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 2B. Approve minutes of March 10, 200$ Regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 10, 2008 REGULAR MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND SUSIE WOJCHOUSKI ABSTAINING. 3. Consideration of addin items to the a ends. The award of the bid for the sale of $9,270,000 General Obligation Sewer Revenue Refunding Bonds was added to the agenda. Brian Stumpf requested that agenda items #12 and #15 be added to the consent agenda. Wayne Mayer asked that item #12 be discussed. 4. Citizen comments, petitions, regaests and concerns. (A) Introduction of Karri Tharsten, Senior Accountant. --Tom Kelly introduced Karri Thorsten who is filling the position of senior accountant for the City of Monticello and will be starting March 31, 2008. No one else spoke under citizen comments. 5. Consent Agenda: A. Consideration of ratifying new hires and departures MCC, Parks and Liquor. Recommendation: Ratify the hires and departures as identified. B. Consideration of appointment of Mark Larson to fill vacancy on the Parks Commission. Recommendation: Appoint Mark Larson to fill the vacancy on the Parks Commission with his term to run through December 31, 2010. Council Minutes:3/24/08 C. Consideration of a request for a Conditional Use Permit for development stage planned unit development approval and a Conditional Use Permit for a drive through lane at Lot 2, Block 1 of Union Crossings Third Addition. Applicant: McDonald's USA, LLC. Recommendation: Decision #1: Move to approve a Conditional Use Permit for development stage planned unit development based on a finding that the proposed use is consistent with the intent of the existing PUD and the B-4 District subject to the following conditions: 1) The parking stalls on the east side of the site adjacent to the drive through lane shall be designated for employee parking only; 2) The applicant shall provide a separate sign plan for all directional signage; 3) The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane to ensure that these vehicles can circulate properly; 4) The photometric plan shall be revised to illustrate lighting produced from the site only. All lighting must be shielded, fiill cut-off fixtures. No readings may exceed one footcandle as measured from the centerline of adjacent rights-of--way; 5) The applicant shall revise the non-drive through (west) building elevation to add vertical elements similar to those provided on the south and east elevations; 6) The applicant shall provide pedestrian striping across 7th Street; and 7) The applicant shall submit turning radii for trucks and emergency vehicles demonstrating that turning movements may be made on the subject site only. Decision #2: Move to approve a Conditional Use Permit for a drive through facility based on a finding that the proposed use is consistent with the intent of the PUD and the use satisfies the conditions of approval. D. Consideration of approval of the special assessment agreement and adopting special assessments for Cedar Street Improvements for the Jerry Hartung Addition. Recommendation; Adopt a resolution approving the special assessment agreement and adopting the special assessments for the Cedar Street Improvements for the Jerry Hartung Addition. E. Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3-9 regulating address number signs. Applicant: City of Monticello. Recommendation: Approve the amendment to Monticello Zoning Ordinance 3-9[E]S repealing the regulation of address signs and amendment to Title 4 of the City Cade Ordinance relating to Building Code. F. Consideration of authorizing the purchase of ball field cancession and rental equipment for the Monticello Community Center. Recommendation: Approve the purchase of the concession stand equipment and the silverware from the vendor chosen by the community center for best service not to exceed $14,420 before tax and handling. Item #SC and #SF were pulled for discussion and #SD was requested to be tabled. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #SA, #SB AND #SE WITH AGENDA ITEM #12 ADDED AS #SG, WITH #SD BEING TABLED AND #SC AND #SF BEING FULLED FOR DISCUSSION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a ends for discussion. #SC Conditional Use Permit - McDonald's USA LLC: Tam Perrault questioned the traffic flow for the site. Kimberly Holien, consulting planner, indicated staff had also expressed concerns whether 2 Council Minutes:3/24/08 there was sufficient turning radii for commercial vehicles. Staff felt the vehicles should be able maneuver on their own site and not encroach onto the adjacent praperty. Tom Perrault noted that you can't bypass the drive through area. City Engineer Bruce Westby said the plan is for people parking on the west side of the building to egress the same way they came in. The City asked the applicant for a turn template that would show how emergency vehicles would maneuver through and circulate around the entire building. Another question is whether delivery vehicles could make the turn from the 7th Street to get into the site or leave the site. Staff felt that all emergency or delivery vehicles should be able to maneuver through the site without going onto adjacent property and they also suggested possibly shifting the building up a little to allow far better emergency vehicle circulation. Jim Heileman representing McDonalds stated that they had provided templates showing how emergency vehicles could circumnavigate the site. They have an agreement with the developer for cross access. Delivery vehicles come every five days. The template shows how the vehicles could leave the parking area while still staying an their property. McDonald's has put in two order paints which will allow faster service and thereby get vehicles out quicker. Mr. Heileman Hated that if a customer can't circumnavigate the site, they won't come back. The delivery door is an the west side of the building and that is where the delivery vehicle would be parked. McDanald's doesn't feel there is customer inconvenience by not having a bypass lane for the drive through area. Vehicles will have to ga through the drive through to get to the parking on the east side. The area on the east is meant for staff parking. With bath drive through lanes there is raam far 12-15 cars so there is significant stacking space on the site. Only the parking stalls on the east side of the building would have encumbered access. Bruce Westby said the template he has is from several weeks ago and he has not seen a revised one. Bruce Westby said they had discussed curbing so vehicles couldn't leave the site and come back. His concern was about safety at the intersection with 7th Street and traffic circulation around the building. Jim Heileman said the latest plan had shown modifications to the curb lines. SUSIE WOJCHOUSKI MOVED TO AFPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-4 DISTRICT SUBJECT TO THE FOLLOWING CONDITIONS: 1) The parking stalls on the east side of the site adjacent to the drive through lane shall be designated for employee parking only; 2) The applicant shall provide a separate sign plan for all directional signage; 3) The applicant shall overlay turning radii for emergency and delivery vehicles at the entrance to the site and through the drive through lane to ensure that these vehicles can circulate properly; 4) The photometric plan shall be revised to illustrate lighting produced from the site only. All lighting must be shielded, full cut-off fixtures. No readings may exceed one footcandle as measured from the centerline of adjacent rights-of--way; 5) The applicant shall revise the non-drive through (west) building elevation to add vertical elements similar to those provided on the south and east elevations; 6) The applicant shall provide pedestrian striping across 7~' Street; and 7) The applicant shall submit turning radii for trucks and emergency vehicles demonstrating that turning movements may be made on the subject site only. AND TO AFPROVE THE CONDITIONAL USE PERMIT FOR A DRIVE THROUGH FACILITY BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE FUD AND THE USE SATISFIES THE CONDITIONS OF APPROVAL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SF Purchase of ball field concession equipment and rental equipment for the community center. Wayne Mayer noted that the warding an the agenda item didn't say that they would be taking the Council Minutes:3/24/08 lowest bid, Kitty Baltos, MCC Director, stated that there was only $50 difference between the bids and they felt because of that they could go with the vendor that they had the best working relationship with. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PURCHASE OF THE CONCESSION STAND EQUIPMENT AND THE SILVERWARE FROM THE VENDOR CHOSEN BY THE COMMUNITY CENTER STAFF BASED ON BEST SERVICE AT A PRICE NOT TO EXCEED $14,420 BEFORE TAX AND HANDLING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of comments Exam the Vine Place Homeowner's Association and coarres andin staff action summary. Community Development Coordinator, Angela Schumann provided background information outlining action staff took relating the concerns brought up the Vine Place Homeowner's Association. Staff pointed out that the City could only act on those issues covered in the development agreement. Other issues, such as the quality of the workmanship on individual units were matters that had to be resolved between the homeowners and the developer. Clint Herbst asked if the items listed on the September 2004 memo had all been addressed. The landscaping was reviewed by the Building Department and also the homeowner's association and Mike Cyr had come to an agreement as to the kind of fencing that would be acceptable. Staff noted that the change in fencing would require an amendment to the PUD. The concerns raised about grading and drainage will be reviewed by the engineer in the spring. Staff pointed out that the construction of the units met the building code requirements. The code requirements are minimum standards for construction so meeting the code wouldn't necessarily mean it was tap quality workmanship. Clint Herbst said when the city allows a PUD (Planned Unit Development) they need to make sure they are getting a superior product. Joel Jamnik reiterated that the City can only enforce those items that are in the development agreement between the City and the developer. They cannot bind the developer to items outside that. The items that are the City's responsibility will be reviewed by city staff Items that are covered in the covenants are the responsibility of the homeowner's association to enforce. Jim Wimmer 628 6 %Z Street spoke representing the Homeowner's Association. He stated the legal documents of the development have been retarded and appear in the abstract and he questioned why those items listed in the documents have not been completed. The residents of the development feel very strongly that the quality of workmanship on the units was poor. The homeowners didn't create the problems and shouldn't have to be the ones to correct it. Clint Herbst said he could understand the homeowners frustration because the purchase of a home is a big investment and you want everything to be perfect. The homeowners however have to realize the City can only correct those items that are covered in the development agreement. This will include: 1) Looking at the grading and drainage in the spring; 2) Checking the condition of the sidewalk; 3) irrigation; and 4) Completing punch list items and landscaping. Jim Wimmer asked about the security deposits of the developer and if the City could hold those until all the issues were resolved. Joel Jamnik said the deposits could only be used to correct those item covered by the deposit. 4 Council Minutes:3/24/08 S. De artment Head Re ort -Ann Johnson De u Re istrar's Office. Ann Johnson, Deputy Registrar Manager, reported that they had passed the state audit with flying colors and had received above average marks from the state far their paperwork. Initially they had looked at issuing passports but they were denied a permit to be a passport agency. Their office is issuing duplicate drivers license and it is hoped when the state gets the funding to provide cameras for the driver license sites, Monticello DMV would be a full driver's licensing facility. In March the Deputy Registrar's Office started having office hours on Saturday which has been very successful. Staff has been working on building needs and getting cost estimates for repair of the existing building and relocation to another site. She also reported that the DMV office is back to full staff with the return of the employee who was injured in a car accident. 9. Consideration of authorizin the Monticello Fire De artment to re are Tans and s ecifications for a lire truck and a oint one or two members of the Ci Council to sit on the design committee. Steve Joerg and Brad Fyle representing the Fire Department were present to discuss with the Council the proposal for a new fire truck. Funds for the truck have been budgeted over a number of years. They estimate the cost of the truck to be about $450,000 and they believe that thus far $375,000 has been budgeted and there maybe $75,000 left from the purchase of the previous truck. Mast of the design work has been done by the Fire Department but they would like one or two members of the Council to sit on the final design phase. Wayne Mayer felt it maybe premature to finish up the design work if the budgeted funds were not adequate to cover the cost of the truck. Tom Kelly said that without looking at the fund balances, he didn't feel comfortable stating whether or not sufficient funds were budgeted. Brian Stumpf said it is not a matter of wants but a matter of needs. The age of this piece of equipment is a problem. Clint Herbst asked if there was any value in the old truck if it was sold. Steve Joerg said it was not their intent to sell the old vehicle but use it as a backup. It takes 9-10 months to build a new truck sa that is why they are doing the design now so that they can have the vehicle on hand by January 2009. Brad Fy1e said they would not get much of a trade in value on the old vehicle. Tom Kelly said that he would have the budgeted amount for the next meeting. Steve Joerg said they are trying to get to a 1 S year replacement schedule. Another issue is the need for different extricating equipment because the cars are made differently with hybrids cars having electrical wires to be worked around. Steve Joerg thought this was a public safety issue. As far as Council representation on the design committee, Brian Stumpf felt it should be a Councilmember who was outside the Fire Department. Tom Perrault will serve an the Engine Design Committee with Susie Wojchouski as a backup. SUSIE WOJCHOUSKI MOVED TO APPOINT TOM PERRAULT TO THE FIRE DEPARTMENT ENGINE DESIGN COMMITTTEE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. S Council Minutes:3/24/08 10. Consideration of authorizing the preparation of plans and obtaining quotes for the reali ment of Territorial Road and a rovin the easement a reement for the Busch ro er Shibani Bisson stated that when the new railroad crossing at Highland Way was approved, the City had agreed to close the Grassing at Territorial Road by June 30,2008. Part of this agreement calls for the City to provide access to the property owners who had access to Territorial Road. At the present time Territorial Road is a 12' gravel road. The Busch's were consider developing their property but the current market conditions have kept them from moving forward. Staff has looked at various options including the purchase of the Jameson property. The railroad has denied a request for an extension to continue the crossing. Shibani Bisson pointed out that the City is only obligated to replicate the current access. This would be a temporary access until the property develops. Wayne Mayer asked once the new driveway is in place is the City doing anything for the area between the tracks and Washington Street and wondered who awned the area. John Simola indicated the area was owned by the School District. Shibani said they don't have plans to remove this section of the road. Clint Herbst expressed frustration about the difficulty of working with the railroad. He questioned the value of putting a temporary road in now when it is possible in a few years that the road alignment would change. He felt the City should see what the railroad would da if the road was not constructed by the June 30, 2008 deadline. When development takes place is the time to look more closely at the road and its alignment. John Simola expressed the view that if the railroad wanted to take the crossing out at any time they could and then the City would have to put the road in immediately. Joel Jamnik said the City does have an agreement with the railroad that the crossing would be removed and if challenged the courts would require the City to live up to the terms of the agreement. Merrill Busch indicated that this road is the primary access to the Rand House. If this road closes there is no access to the Jameson property. Clint Herbst suggested that the crossing at Linn Street could be considered a trading point for resolving the Territorial Road crossing. Merrill Busch said the problem for them is that they have been dealing for the past four years with the question of whether or not they have access. He felt the proposed gravel road was the best deal for them, the City and the Jamesons. Susie Wojchouski asked who was going to be the force to see that this was done. Shibani Bisson said their office would set up the meeting with the railroad but Hated the railroad was not receptive to extending the agreement. John Simola said before the City starts a war with the railroad they should they get the fiber optic cable in. Tam Perrault asked about the cost which is estimated at $40,000. Brian Stumpf asked if it would create a hardship for Merrill Busch if the City holds off a decision far several months. Merrill Busch felt if the City wanted to use this approach with the railroad they should have done it a few years ago. Brian Stumpf said if the City doesn't have some kind of commitment from the railroad on Territorial Road by June 1, 2008 the City would proceed with the road installation. BRIAN STUMPF MOVED THAT IF THE CITY DOES NOT RECEIVE A COMMITMENT FROM THE RAILROAD REGARDING THE TERRITORIAL ROAD CROSSING BY JUNE I, 2008 THE CITY WOULD MOVE AHEAD WITH THE INSTALLATION OF THE ROAD. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutes:3/24/08 11. Consideration of a re uest for amendment to the Monticello Zonin Ordinance Cha ter 3- 5 Off Street Parkin Re uirements as related to the re ulation of the size and wei ht of vehicles parked in residential districts. Applicant: _City of Monticello. Clint Herbst stated that the City Council had discussed this about a year or so ago and he wondered who brought it back before the Council. Kimberly Holien said the issue was brought up by the Building Department. The amendrnent that was approved last year was limited to recreational vehicles. In answer to Mayor's Herbst question about the item coming back to Council again, Joel Jamnik stated there is no restriction on when an initiative from the Planning Cammission or staff can come back before Council. Staff indicated that complaints from residents were what initiated the item. Wayne Mayer asked why the complaints hadn't been forwarded to the Council. Wayne Mayer questioned how allowing a tow truck without specifying a size limit would be any more appropriate than allowing a tractor trailer. He said there was nothing in the amendment limiting the size of a tow truck. Wayne Mayer felt this was contrived to come back before the Council Wayne Mayer suggested that Jeff O'Neill should get this information to the Council in the form of a workshop rather than bring it before the Council in this manner. Kimberly Holien said the ordinance amendment has two components. The current ordinance prohibits vehicles in excess of 9,000 pounds in residential areas. Since many SUV's are in the range of 12,000 pounds, it was felt that weight should be changed. Wayne Mayer also questioned the alternative parking areas for restricted vehicles. Joel Jamnik noted that was covered in Sections 8 and 9 of the second ordinance amendment. WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM UNTIL THE CITY COULD SCHEDULE A WORKSHOP TO DISCUSS FULLY THE PROPOSED AMENDMENTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. There was some discussion on whether the City should designate parking places far those vehicles not allowed in residential areas or if that was the responsibility of the vehicle owner. 12. Consideration to re are an amendment to Cit Code for the waiver of buildin ermit fees for residential remodeling proiects or building modifications for Veterans_of the_United States Armed Forces. The Planning Cammission asked that the City Council consider an amendment that would allow for waiving of building permit fees for veterans. A model amendment from the City of Delano was provided for Council review. Wayne Mayer felt that there needed to be clarification that the waiving of the fees was for a veteran who had actually suffered an injury in service. He suggested specifically identifying a disability amount such as a SO% disability. BRIAN STUMPF MOVED TO PROCEED WITH THE PREPARATION OF A CITY ORDINANCE FOR THE PURPOSE OF WANING BUILDING PERMIT FEES FOR RESIDENTIAL REMODELING OR BUILDING PROJECTS FOR VETERANS HAVING SUSTAINED A DISABILITY WHILE ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes:3/24/08 13. Consideration of purchasing crackfilling machiue for Street Department. Street Supt Tom Moores provided information relating to the existing crackfilling machine and its proposed replacement. The existing 1993 Crafco Melting Pot was purchased jointly by the cities of Buffalo, Elk River and Monticello. Buffalo and Elk River have since purchased their own equipment. Crafco and Cimline were the two machines looked at and the Public Works Department felt the Cimline was a better machine of the two. The estimated cost for the Cimline Magma was $39,220.75 including tax. Public Works was also requesting approval to purchase a heat lance gun for $2,128.93 making a total cost of $41,349.68. The old Crafco would be sold and the proceeds split between the three cities. Clint Herbst suggested refurbishing the old equipment and use it for a couple of years. Tom Moores said the new equipment has more safety features. Susie Wojchouski suggesting renting the equipment noting that aver 13 years there was only 1700 hours on the machine. It didn't seem to her that it was used that many hours and that renting may be an option. Tom Moores said the cost to rent the machined is $1,350 a week. The City does crack filling over a period of 5-6 weeks so renting is a costly option. Tom Moores felt the new machine should last the city 15 years. Tom Perrault said it was the safety issue that concerned him. He added that as the city continues to grow the use of the equipment would increase. Tom Moores said the new equipment would allow them to work more efficiently and more safely. He estimated they would save 150 hours. John Simola strongly advised getting rid of the old equipment because of safety issues. Clint Herbst responded if it is a safety issue maybe the City should look at contracting the crackfilling work out. Tom Moores noted that to schedule a contractor to the work it would have to be set up six months in advance. WAYNE MAYER MOVED TO REFAIR THE EXISTING 1993 CRAFCO MELTLING POT AND TO AUTHORIZE THE PURCHASE OF THE HEAT LANCE GUN. CLINT HERBST SECONDED THE MOTION., UPON VOTE BEING TAKEN WAYNE MAYER AND CLINT HERBST VOTED IN FAVOR THEREOF AND BRIAN STUMPF, TOM PERRAULT AND SUSIE WOCHOUSKI VOTING AGAINST. BRIAN STUMPF MOVED TO AUTHORIZE THE PURCHASE OF A 200$ CIMLINE MAGMA 110D MELTER FROM MIDSTATES EQUIPMENT & SUFFLY FOR $39,220.75 INCLUDING TAX AND A CIMLINE HEATLANCE GUN WITH 40' HOSE KIT FOR $2,128.983 INCLUDING TAX FOR A TOTAL FURCHASE PRICE OF $41,349.68 AND AUTHORIZING THE SALE OF THE OLD MELTER IN AS-IS CONDITION FOR $1,500.00 SPLITING THE PROCEEDS WITH THE CITIES OF ELK RIVER AND BUFFALO. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND CLINT HERBST VOTING IN OPPOSITION. 14. Consideration of approval of new safety manual for Public Works, Hi-Way Lipuor, Cit_y_ Hall and Motor Vehicle. John Simola submitted the new employee safety manual and provided background on the work that went into the new manual. Since the City does not have a Safety Coordinator, department heads have carried the responsibility for training their employees. He reviewed the contents of the manual briefly noting that changes in OSHA, AWAIR and other laws have been reflected in the manual. He explained that they have used Safety Train Inc. to provide training. The manual 8 Council Minutes:3/24/08 allows documenting of training and any changes in the safety laws. There were some questions on the cast far training. The MCC whose staff has various shifts rely more an videos for training whereas the Public Works has relied on Safety Train, Inc.. Clint Herbst felt training was expensive and he had a little problem with what the City all had to go through to meet requirements. Wayne Mayer asked if the City was exposed to any liability by something being omitted from the safety manual. The Council suggested that if the manual is meant to be used by the employees it would be better to go with the full manual rather than a summary manual for the employees. SUS1E WOJCHOUSKI MOVED TO APPROVE THE NEW SAFETY MANUAL IN ITS CURRENT FORM AND BEGIN IMMEDIATE IMPLEMENTATION WITH THE FULL SAFETY MANUAL BEING PREPARED FOR HANDOUT TO EMPLOYEES. THE INCREASE IN COST IN HARD DOLLARS WILL BE APPROXIMATELY $1,200 FOR ADDITONAL CONTRACT WORK WITH SAFETY TRAIN, INC. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Consideration. of approval of 3 year contract extension with Elk River Landfill (Waste Management for disposal of mixed municipal waste. Moved to the consent agenda. Added Item• Tom Kelly indicated that a few weeks ago the Council had considered sale of the revenue bonds but at that time the uncertainty of the market made the potential saving by refinancing disappear. At that the Council authorized the Mayor and Finance Director to proceed with the bond sale when the interest rates were at a point where the City could generate $300,000 in savings by refinancing the original bond issue. The sale of bonds took place at a true interest cast of 3.400% SUSIE WOCHOUSKI MOVED TO APPROVE THE RESOLUTION AWARDING THE BIDS FOR THE SALE OF $9,270,000 IN GENERAL OBLIGATION SEWER REVENUE REFUNDING BONDS, SERIES 2008A. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of approving payment of bills for March, 2008. Wayne Mayer questioned the reimbursement far cell phone usage. Tom Ke11y explained that for certain employees it is deemed necessary to carry a cell phone. They are given so many minutes on the city plan or they can use their personal cell phone and get reimbursed for the minutes they use the phone for work based on the rate of the City's plan. Wayne Mayer would like the City to consider issuing city-owned cell phones and restrict the use of the personal cell phone. Wayne Mayer would recommend that far Public Works they look at a company that could give them 2-way service. Tom Kelly indicated there 20-25 employees who are required to carry cell phones. Wayne Mayer asked about a cell phone policy. Tom Perrault asked about the check for the Rotary Club. Tom Kelly indicated that unless the Council approves the check for membership dues it would be voided. Wayne Mayer felt the Rotary Club was 9 Council Minutes:3/24/08 too exclusive and that the taxpayers didn't get anything from the City being a member of that organization. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS EXCLUDING THE ONE FOR THE ROTARY CLUB. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Adiourn. TOM PERRAULT MOVED TO AD7OURN AT 9:55 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 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Or ~n ~+ ~ E+r rw I U~RS 00 ~n d~ o In aw c~ ~? m ro H ~ ~ ri o In ~n ,~ E-I ~ ,~ `T ",I M MOO r-I [~ r•1 ~ r-I r-I b W W CL ',~ N ~O f~l b C~ d' d~ Tom., d' d~ W O N d~ C? ~A Lf1 Q1 W O1 O~ [A V~ ~ [~ rl N cr pp N U] N N .H F' ~'. ri "J N N C~ ,J C~ C~ ~ CQ ~n w W ~n ~n GA (!1 [~ w Ca r~ 0 0.1 H b a U W ~~ ww I m I I ~WUO I ~ I RRRRRR;;;;;; I H a N ~ ~a I A All W L g ~ ggr nw I v r ~ U ~ y i ~ o I ~U W i U H I C:.W~~ ~ [r] C1, H W ~H , ".~ o P i i U i CL ~7~ ~ Y I r-l ryy H I r~ ~ W • • I ~] w GL U I FY, '„] ~ H 4L W I W ca r-C cn I ~ cn a o a FC ~ I I z a a 0o u w l A I w~+WOH C7 ~ A U cn a KC U W ~ I w C7 FC U= ~ fx M W I ~ ~ ~ I cn Uri ~ I ~~r-~nrlrn O~-+~Nwo F O ~ ~ I I "~-~ W ~ Q e~Q I HN N N N~D H W W I C7 F a a a • w Q w ~ • O ~ • a a Q Q W W fx ~ W Q W W a ~ ~ a w ~ V1 a a W ~o w 0 H • m H a u z H • w w u w • a w w ~ ~ • • • Council Agenda: 4/14/08 SA. Consideration of approving new hires and departures for MCC,. Parks, Finance, DMV, and Liquor. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Parks Department, Finance, DMVand Liquor store. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but far the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. NEW EMPLOYEES Name Title Department Hire Date Class Lensin ,Sue Deputy Reg. Clerk DMV 3/25/2008 Part-Time Vetsch, Madison Slide Attendant MCC 3/17/2008 Part-Time Oravetz, Kara Lifeguard MCC 3/25/2008 Part-Time Thorsten, Karri Sr. Accountant Finance 3/19/2008 Full-Time TERMINATING EMPLOYEES Name Reason Department Last Day Class Gardner, Samantha Voluntary Parks 2/28/2008 Temporary Berthiaume, Patricia Voluntary Liquor 3/15/2008 Part-Time Ellis, Kevin Involuntary MCC 3/12/2008 Part-Time Lukash, John Voluntary Public Works/Pks 3/31/2008 Full Time employee council list.xls: 4/4/2008 Council Agenda: 4/14/08 SB. Consideration of a rovin urchase of Automark Ballot Marker. A. REFERENCE AND BACKGROUND: In 2006 as part of HAVA (Help America Vote Act) the City was required to have a ballot marking device that would allow the individuals with a physical disability to vote without requiring the assistance of an election judge. Wright County at that time applied for and received a grant which was used to purchase the automated equipment for communities within the Wright County. In the 2008 budget, the City has budgeted for additional election supplies including another Automark Ballot Marker on the assumption that the City would probably split into two precincts. The City Council indicated that they would prefer far 2008 the Community Center facility be utilized solely for the election. If need be the election would be conducted in both the gymnasium and the Council Chambers. If the election is conducted in two separate areas of the same facility, the City would need to equip them both just as if it were two precincts. With that being a possibility, staff is asking that the Council authorize the purchase of a second Automark Ballot Marker. Mike Hoverstein of ES&S has given us two prices. Anew Automark Ballot Marker would be $5,070.00 including tax. There is a one year warranty on the equipment. However, because a number of other states will be using this same equipment for the 2008 elections, the firm is having difficulty meeting the demand and cannot guarantee that we would get the equipment in time for the primary election in September. The second quote is for refurbished equipment which comes with either a one year or two year warranty period. The price for a used machine with a one year warranty is $4,370 or $5,070 for a two year warranty. It should be noted that the quote for the used machines does not include tax. Election equipment is somewhat different from other equipment purchases where a number of quotes are obtained. Vendors of electronic voting equipment must get their equipment approved by the Secretary of State. Cities can only use those voting systems that have been approved by the Secretary of State. As part of the grant application the cities in Wright County submitted a plan to use ES&S equipment consisting of the M-100 and the Automark Ballot Marker. Bud e~ t Im act: $6,500 was budgeted in 2008 for the purchase of this equipment. B. ALTERNATIVE ACTIONS: 1. Authorize the purchase of a new Automark Ballot Marker at a cost of $5,070 including tax. 2. Autharize the purchase of a used Automark Ballot Marker, if any are still available with either a one year ar two year warranty. 3. Motion of other. Council Agenda: 4/14/0$ C. STAFF RECOMMENDATION: If the 2008 election ends up using both areas of the community center, the City would need to have the second ballot marker. If we cannot get delivery of the second ballot marker in time for this election or if it is decided to only utilize the gymnasium, the City would have the equipment on hand for future elections. The ballot marker has only been used for one election so there is not enough equipment history for staff to determine if there is any advantage in going with used or new with the equipment. D. SUPPORTING DATA: Price information from ES&S Dawn, Dawn Grossinger Page 1 of 1 From: Hoversten, Mike [mahoversten@essvote.com] Sent: Wednesday, April 09, 2008 9:53 AM To: Dawn Grossinger Subject: FW: Used Automark Quote Dawn, The price of a new Automark is as follows: Automark Firmware Storage/Transfer case Ink cartridge Two flash cards Delivery Manual $5,070.00 each plus TAX includes one year warranty Delivery not available until September of 2008. Does not include acceptance testing. From: Hoversten, Mike Sent: Thursday, March 27, 2008 10:56 AM To: 'dawn.grossinger@ci.monticello.mn.us' Subject: Used Automark Quote Dawn, As requested the following is a quote on a used Automark. The Automark System includes: Used Automark Firmware Storage/Transfer Case Ink Cartridge Two Flashcards Delivery Delivery Manual "$4,370.00 each with a one year Warranty *$5,070.00 each with a two year Warranty ""Does not include tax or acceptance testing. Quantities are limited 4/9/2008 Dawn, Dawn Grossinger From: Hoversten, Mike [mahoversten@essvote.com] Sent: Thursday, March 27, 2008 10:56 AM To: Dawn Grossinger Subject: Used Automark Quote Dawn, As requested the following is a quote on a used Automark. The Automark System includes: Used Automark Firmware Storage/Transfer Case Ink Cartridge Two Flashcards Delivery Delivery Manual '"$4,370.00 each with a one year Warranty *$5,070.00 each with a two year Warranty "'Does not include tax or acceptance testing. Quantities are limited Page 1 of 1 3/27/2008 Council Agenda: 4/14/08 5C. Consideration of a rovin are nest for a charitable amblin license for the Land of Lakes Choirboys. (JO) A. REFERENCE AND BACKGROUND: The Land of Lakes Choirboys held a charitable gambling license at Jala Penos when it was located 530 Cedar Street. Beginning in May Jala Penos will be located at 512 Highway 25 (former Maus Foods building) and the State Gambling Control Board requires a new charitable gambling license be issued when there is a change in locatian. No charitable gambling activities can take place until the new license is approved. The Land of Lakes Chairboys is requesting approval of the license for the new location. On February 25, 2008 the Land of Lakes Choirboys had come before the Council requesting renewal of their charitable gambling license and had submitted the financial information required by the City. This new license, if approved, allows the Land of Lakes Choirboys to continue to conduct charitable gambling activities still under the auspices of Jala Penos but at Jala Penos new location. B. ALTERNATIVE ACTIONS: Adopt a resolution authorizing the State Gambling Control Board to issue a charitable gambling license to the Land of Lakes Choirboys at Jala Fenos located at 512 State Highway 2S. 2. Do not adopt a resolution approve the license application. C. STAFF RECOMMENDATION: Staff is not aware of any reason why the Council would not allow the State to issue this gambling license. D. SUPPORTING DATA: Resolution CITY OF MONTICELLO RESOLUTION N0.2008-30 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Land of Lakes Choirboys has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Jala Feno Bar and Grill at 512 State Highway 25; WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by Land of Lakes Choirboys for a charitable gambling license to conduct gambling activities at the Jala Feno Bar and Grill located at 512 State Highway 25 is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14`h day of April, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator Council Agenda: 4/14/08 SD. Consideration of resolution approving renewal of charitable gambling license for Monticello Lions Club. (JO) A. REFERENCE AND BACKGROUND: Monticello Lions Club is requesting approval of the renewal for their charitable gambling licenses Chatters, 4181 Cedar Street and River City Extreme, 3875 School Boulevard. They have submitted the attached financial report covering their lawful expenditures for their past license period. Prior to the State Gambling Control Board issuing a license, the City Cauncil must pass a resolution approving or denying the application. Staff is not aware of any reason why Council would not allow the state to issue this license. B. ALTERNATIVE ACTIONS: Adopt a resolution authorizing the State Gambling Control Board to approve the renewal of the charitable gambling license for Monticello Lians Club to conduct charitable gambling activities at Chatters and River City Extreme. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: Staff recommends approving the resolution authorizing the issuance of the charitable gambling license be adopted. D. SUPPORTING DATA: Resolution Financial Report CITY OF MONTICELLO RESOLUTION NO. 200$-3I RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Lions Club has submitted an application to the City Council of Monticello for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme at 3875 School Boulevard; WHEREAS, the Council is not apposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Monticello Lions Club for a charitable gambling license to conduct gambling activities at Chatters at 4181 Cedar Street and River City Extreme located at 3875 School Boulevard is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. Clint Herbst, Mayor ATTEST: 7eff O'Neill, City Administrator To: Monticello City Council From: Monticello Lions Club Subject: Charitable Gambling License The Monticello Lion Club request a resolution for a new Charitable Gambling License for Chatters & River City Extreme. We are a licensed organization, license # 08125, we are currently conducting gambling at these sites. Thank You ~«~ Al Cleveland Gambling Manager Phone 7d3-213-3743 Attachment: Financial statement and a list of donations made in the Monticello area. Monticello Lions Club Charitable Gambling Donations June 1, 200b thru March 31, 2008 Camp Friendship (camperships} $3049 Monticello Senior Citizens $9200 Holiday Food Baskets $2894 Library Sculpture $ 5 0 0 Food Self $3000 Local Family In Need $500 Fire Department (generator) $905 City of Monticello Underground Wiring (w/bridge park) $1000 Christmas Lighting (w/bridge park) $5085 Pioneer Park $9500 Groveland Park (trees) $3000 Monticello School Dist. $25200 Monticello Youth Programs $5150 Glasses & Exams (student ~& adults} $4462 Hearing Aids ,~4~ T For Mon~~,~~,lo . rea X47087 Because we had two sates an Suburne County $26843 Was donated to the Big Lake & Orrock area. Al Cleveland Gambling Manager 763-213-3743 Page 2 Counczl Agenda - 04/14/2008 SE. Consideratiou of a royal of 2008 Wri ht Coun Annual Hi hwa Maintenance Agreement. (J.S.) A. BACKGROUND INFORMATION: This item involves our annual maintenance agreement with Wright County for snow and ice control for portions of CSAH 75 running from Willow Street east to the intersection of CSAH 18. The maintenance agreement also includes snow and ice control on a portion of CSAH 39 West from the City Public Works Facility to the junction of CSAH 75 (Broadway) and a short section of CR 117 approximately two-tenths of a mile long running north from 85th Avenue in the area of the Monticello Township Hall and KMOM Radio. Removed from the annual maintenance agreement this year is that portion of the freeway entrance ramp between Meadow Oak Avenue and Meadow Oak Drive. The county has chosen not to continue doing this work as the road belongs to Mn/DOT. Bruce has discussed the state maintaining this road in the winter or having us maintain it through a contract, but they have declined. We plowed it this winter to keep it open when we drove from Meadow Oak Avenue to Meadow Oak Drive. The local Mn/DOT maintenance shop gave us three loads of salt in return. a. Budget Impact: The payment from Wright County this year amounts to $13,817.52. The remaining costs are budgeted in "snow and ice". b. Staff Workload Impact: There is little impact an staff workload from the changes in this contract. B. ALTERNATIVES: 1. The first alternative is to approve the 2008 Maintenance Agreement with Wright County as enclosed. 2. The second alternative would be not to approve the new agreement with the county for annual maintenance of snow and ice removal. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director that the City Council authorize approval of the 2008 Maintenance Agreement with Wright County as outlined in alternative #1 above. D. SUPPORTING DATA: Copy of the 2008 Maintenance Agreement; Copy of map with maintenance areas highlighted in yellow. J~-rv p~ U~ ~~ i z ~ o ~65~ December 28, 2007 ~UP~C~T~~ WRIGHT COUNTY DEPARTMENT OF HIGHWAYS [~,~wsy En~nON, P.E. (763)682-73$$ Wright County Public Works Building VTRGIL G. t-r2,wxINS, p.E. I9Q1 Highway 25 North Assistant Highwag Engineer Buffalo, Minnesota 553X3 (763) fi$2-7387 Jct. T.H. 25 and C.R. 138 Telephone: (763) 682-7383 FAX.• (763) 682-7313 .feff O'Neill, City Administrator City of Monticello 505 Walnut Street, Suite #I Monticello, MN 55362 Re: 2008 Maintenance Agreement Dear Mr. O'Neill: EtICHARD E. MAR.QUETTE Right of Way Agent (763)6$2-7386 It is once again time to renew our annual municipal agreement far the maintenance activities on the road(s) listed on the enclosed agreement. Wright County will continue to use the same method for computing the reimbursement for these maintenance agreements with Wright County cities. Beginning with the 2001 agreements, we based the reimbursement on the average municipal maintenance costs far the previous three years. Before that, we had based the reimbursement on cast history for only one year. This change minimizes the variability in costs from year to year which can occur, particularly for snow/ice control. The estimated total cast on the attached agreement is based on the average of the years 2004, 2005, and 2006 (since 2007 costs are not compiled yet). Please note that the actual payment for this 2008 agreement will be based an the average costs for the years 2005, 2006, and 2007. I have enclosed two copies of the 2008 agreement far your review and approval by the City Council. This agreement reflects the change to the CSAH 75 segment length due to the interchange project. Please return both copies of the executed agreement. After approval by the County Board, one of the copies will be returned to you for your files. A check reimbursing your city far the maintenance activities covered under our 2007 agreement has already been sent. If you have any questions concerning this or if you note any discrepancies, please don't hesitate to contact our office. Sincerely, L '~ ~~ 4 ~7 Wa A. Fin al an Cou Highway Engineer Enclosure (2) 200$ Municipal Maintenance Agreements Equal Opportunity A~'firm¢tit~e Action ~:mplvyer SUPPdFiT1iV~, 5. Review and ublic in ut on develo ment of the Sunset Ponds Park. Two residents of the Sunset Ponds area were present at the meeting. Tom PaweIk. reviewed the two proposals far play structures that the Parks Commission was considering. Tom Pawelk felt the proposal from Webber Recreation was the top choice and informed the Forks Commission that he had contacted a number of communities regarding the firm's reputation for doing supervised installs. The feedback from the various communities was positive. The proposed park will meet ADA requirements. Brian Stumpf asked about the other proposal and whether it contained as much equipment. Tom Pawelk indicated. that it did. not have equipment for the 2-5 year old range. The installation of the equipment will be done by the Scouts under the supervision of a representative from the Webber Recreation Company. This would save $15,000 on the cost of the project. One resident asked about soccer or ballfields. Tom Pawelk indicated that there would be a field there but it is intended primarily for Iocal use. The play area is located adjacent to the parking lot. Brian Stumpf asked about the $15,000 savings and was told that the savings brought the project cost within budget. Tom Pawelk said the Parks Department will be doing some tree planting in the area. Another resident asked if they would be installing benches. Tom Pawelk responded that would come eventually but picnic tables would be installed initially. Brian Stumpf asked about restrooms. Tom Pawelk said if there is a need for restrooms on site, they would look at using a portable unit which he estimated would cost $50/month. It was questioned whether the City had to provide a unit that was ADA compliant. Tom Pawelk indicated while that it was ideal it was not required. Tom Pawelk added that the park will also have an underground irrigation system but it was not budgeted for this year. Brian Stumpf commended Tom PaweIk for all the work he had done on the development plans for the park. NANCY MCCAFFREY MOVED TO ACCEPT THE PLAY EQUIPMENT PROPOSAL FOR SUNSET PONDS PARK AS PROPOSED. RICK TRAVER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Pawelk stated this item will. come before the Council at their April 14, 2008 meeting. Lf approved it is hoped to have installation completed in July. 6. Park Maintenance. Tom Pawelk submitted a list of work completed by parks staff. The storage shed for the East Bridge Park gardeners is complete except for staining. Swan Park was busy with people coming to the site to view the swans. Tam Pawelk brought up an issue relating to the cemetery. Apparently the retards indicating which lots are used are not accurate and they have had incidents where when preparing the lot for a burial they have come across a vault already there. It is hoped that this summer with the use of GIS and by physically measuring and probing the sites they will be able identify all the lots that contain a vault. They are also proposing to have a map at the cemetery showing the lots and identifying which lots have been said. Tom Pawelk also reported that about 15 sections of the fence have been sold and some sections have been used along the east side of the cemetery. 2 THIS AGREEMEN"f made and entered into by and between the City of Monticello hereinafter referred to as the "City" and the County of WrighC hereinafter referred to as the "County". WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation ofthe County State Aid Highway within its limits as identified in County Board's resolutions of August 28, October $, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be clearly defined, NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. NIAINT. PLAN ROAD SEGMENT MILES COST/ML* TOTAL COST* C• CSAH 75 Willow St. to CSAH 39 5.25 2,504.45 $ 13,148.36 (Includes four lane portion plus turnlanes.) D• CSAH 39 From City Public Works Bldg. to 0.32 851.1 1 272.36 W. Jct. of CSAH 75 C• CR 117 From a point 930 feet north of 85`h NE 0.18 2,204.45 396.80 To 85°i Street NE ESTIMATED TOTAL = 5.75 $13,817.52 That routine maintenance shall consist of the following: (Maint. Plan) C. Snow and ice control. D. 25% snow and ice control. *Based on average annual costs of years 2004, 2005, and 2006, plus $300/mile for four-lane portion (snow/ice control only), That when the City deems it desirable to remove snow by hauling, it shall do so as its own expense. The City shall also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb or street area. That the County wilt be responsible for all other maintenance. That the City shall indemnify, save and hold harmless the County and all of its agents and employees of any Form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County; and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees whi le so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. (Sheet 1 oft) -~ > ~~ • ~ ~ .. ,.,,,u ~,p~ mess me amity and all of its agents and employees of any farm against any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity, arising aut ofor by reason of the execution, omission or performance ofthe work provided For herein to be performed by Che County including, but not limited to, claims made arising out of maintenance obligations of County, engineering, design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City; and that any and all claims that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act ar omission on the part of said County employees while so engaged on any ofthe work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. That in December of 2008 ,the City shall receive payment from the County for their work. This amount shall be based on the 2007 average annual cost per mile for the years 2005, 2006, and 2007 far routine maintenance on Municipal County State Aid Highways. The average annual cost per mile will reflect only those costs associated with the areas of routine maintenance for which the City is responsible. ADOPTED: 20 ATTEST: Mayor City Clerk CI/R7'IFICATION I hereby certify that the above is a true and correct copy ofa resolution duly passed, adopted and approved by the City Council of said City on , 20 City Clerk APPROVED AND ACCEPTED: COUNTY OF WRIGHT ~~ Name of City Chairman of the $pard Date ATTEST County Coordinator Date (Sheet 2 of 2) w ~ ~i~ ~~ a ~ ~ ~ ~~~ Q W °~ ~ ~, yt ~~ M 1 ~' q' o ~ ~, ~„ a ~ a '.' .. ,. R ~ ~ ~3 a ~~ ' _ - ~ ~ ~~ ~ . ~';~ ~ ~ ~- ~~ ~ r s.; .. y ~~ ~y ~~ } . 7 Q _ i .~ a ~ C ~ .s . inn.. ~ ~ ~ ~ ~ cL /.~ ~~/® ~ ,, ~ •~ .. _ ~ s .. ~ ~~. r~ 3 ,~. - SUPBORTING ~~ .. ~~~ 9 ;.~ftig .~ € ~ ~ ~ ~~ . ~ .I ~, .r ~qpr, r ---~ Y~~ ~ ~ ~ I 1 r. a ~~ _ ~ ~ ~ `', ~' ~ i B ~ / ~~ ~~ f ~ ~ s ..y CORP~RATE_- ~+LJM15 ~• i v7 ~ City Council Agenda - 04/14/08 SF. Consideration to review and accept the 2007 EDA-GMEF Financial Statements, Activity Report, and proposed 2008 Cash Flow Projections . (O.K.) A. Reference and, Background: This item is presented to comply with City Ordinance Amendment No. 172, Section 2-3-6 (A), "The Authority shall prepare an annual budget projecting anticipated expenses and sources of revenue;" and (B), "The Authority shall prepare an annual report describing its activities and providing an accurate statement of its financial condition. Said report shall be submitted to the City Council each year." EDA Assistant Treasurer Tom Kelly prepared the Balance Sheet and Statement of Revenue and Expenditures. EDA Executive Director Koropchak prepared the Activity Report and 2008 Proposed Cash Flow Projections. The EDA commissioners reviewed and accepted the EDA annual reports at their April 9, 2008 meeting. You will note on the Balance Sheet, the EDA- Greater Monticello Enterprise Fund (GMEF) cash and investment balance as of December 31, 2007, is $761,299.78 with total assets and liabilities/equity of over $1.6 million. No GMEF loan balloon payments were due or paid in 2007. No GMEF Loans were disbursed in 2007. All GMEF loan pay backs are current. The 2008 Cash Flow Projection includes the final $100,000 payback to the city debt service fund (original dollars from Liquor Fund) as authorized by the commissioners in 2007 and projected disbursement of $300,000 in loans. Two GMEF balloon payments from UMC and Topper's III are due in 2008. Expected cash balance, December 2008, $639,560.90. In addition to the GMEF cash and investment balance, two other sources of funds are available for use by the EDA. They are the loan pay backs from the MIF State/City/UMC Loan and the MIF Federal/City/TCDC Loan. The 2007 year-end combined balance of these two funds plus interest income -investment is $685,276.24. These funds are available to businesses for the purpose to create jobs at liveable wage-levels. The balloon payment on the MIF/Federal/City/TCDC Loan was paid June 2007 and the MIF State/City/UMC Loan is due March 2008. Per the Ordinance, the EDA hereby submits to the City Council a copy of the 2007 EDA- GMEF Balance Sheet; Statement of Revenues and Expenditures, Annual Activity Report; and 2008 Cash Flow Projections (Budget) for review. City Council Agenda _ 04/14/08 [f a council member has questions of the year-end reports, please remove from the consent agenda; otherwise, the EDA requests the City Council make a motion to accept the year-end reports. B. Alternative Action: 1, A motion to accept the 2007 EDA-GMEF Balance Sheet; Statement of Revenues and Expenditures, Activity Report; and 200$ Cash Flaw Projections as presented. 2. A motion to deny acceptance of the 2007 EDA-GMEF Balance Sheet; Statements of Revenues and Expenditures, Activity Report; and 200$ Cash Flow Projections as presented. C. Staff Recommendation: The EDA Assistant Treasurer and Executive Director and City Administrator recommend Alternative No. 1 D. Sup op rting Data• Copy of the 2007 Statements, Activity Report, and 200$ Cash Flow Projections for the EDA 2 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT BALANCE SHEET DECEMBER 31, 2407 ASSETS Cash in Bank Notes Receivable - TJ Martin Notes Receivable - GWJ, LLC Notes Receivable - UMC Notes Receivable - Tapper's 3 Notes Receivable - WSI Notes Receivable - Tapper's 4 Notes Receivable - Karlsburger TOTAL ASSETS: FUND EQUITY Fund Balance Reserved for Economic Development Participation Loans $ 761,299.78 $ - $ - $ 160,501.09 $ 31,204.74 $ 308,940.18 $ 185,069.37 $ 193,108.18 $ 1,640,123.34 $ 1,640,123.34 TOTAL LIABILITIES AND FUND EQUITY: $ 1,640,123.34 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND REVISED STATEMENT STATEMENT OF REVENUES AND EXPENDITURES FOR THE YEAR ENDED DECEMBER 31, 2007 REVENUES: Interest Income -Notes $ 29,580.27 Investment Interest Income $ 46,254.05 Loan Fees Revenue $ 400.00 Reimbursable Fees Revenue $ 20,687.67 TOTAL REVENUE5: $ 96,921.99 EXPENDITURES: Legal Fees $ (654.00) Professional Fees $ - Service Fees $ - Misc /Reimbursable Fees Revenue $ 111.87 TOTAL EXPENDITURES: $ (542.13) EXCESS OF REVENUES OVER EXPENDITURES: $ 97,464.12 FUND BALANCE » Beginning of Year: $ 1,542,659.22 FUND BALANCE -End of Year: $ 1,640,123.34 2007 ECdNdMIC DEVELOPMENT AUTHdRITY ACTIVITY REPORT MEETING DATE SUBJECTS April 24, 2007 Motion to approve EDA Officers for 2007: Chair Bill Demeules Vice Chair Barb Schwientek Assist Treasurer Rick Wolfsteller Treasurer Ron Hoglund Secretary Ollie Karapchak Motion to accept the EDA 2006 Year-End Financial Statements and Activity Report for submission to the City Council on May 1 ~l or 29, 2007. Motion to authorize final payment of $100,000 to the Liquor Store Fund in Budget Year 2008. Motion to accept the Business Subsidy Criteria and Bylaws of the EDA as written (na amendments.) Motion to amend Section 3-3-6 of the Bylaws of the EDA to reflect that the annual report shall be provided to the City of Monticello after the EDA annual meeting. August 8, 2007 Reviewed the preliminary GMEF Loan Application from Washburn Computer Group. Motion to approve GMEF Loan No. 026 for Washburn Computer Group in the amount of $275,000, term consistent with conventional lender, fixed interest rate of 6.25% and a loan fee of $200. Collateral, guarantees and other condition requirements to be determined and prepared by the GMEF Attorney. Approval is subject to public hearing an the Business Subsidy, lender commitment, credit worthiness, building plan approval, and council ratification of EDA action. 2007 EDA Activity Report continued A motion to call for a public hearing on August 21, 2007 at 4:00 p.m. for the proposed business subsidy to Washburn Computer Group. August 21, 2007 Public Hearing an Business Subsidy for Washburn Computer Group. A motion to approve the Business Subsidy Agreement far GMEF Loan No. 026 to Washburn Computer Group. December 18, 2007 Organizational Meeting of the Reconstituted Ciry of Monticello Economic Development Authority. Motion to elect Bill Fair as President pro tem and appointed Bob Viering as recording Secretary pro tem of the EDA. Motion to adopt amended Bylaws of the City of Monticello EDA. Motion to nominate and elect Bill Demeules as President of the EDA. Motion to nominate and elect Dan Frie as Vice President of the EDA. Motion to nominate and elect Angela Schumann as Secretary ex officio of the EDA. Motion to nominate and elect Bill Tapper as Treasurer of the EDA. Matian to nominate and elect Tam Kelly as Assistant Treasurer ex officio of the EDA. Motion to adopt Resolution No. 2007-01 accepting transfer of projects and programs from HRA to EDA; approving certain organizational matter. 2 2007 EDA Activity Report continued Motion to adopt Resolution No. 2007-02 providing for the Sale of $6,100,000 Public Project Revenue Refunding Bonds, Series 2008. Motion to approve the Second Amendment to Contract for Private Development by and between the City of Monticello EDA and Master's Fifth Avenue. Motion to approve the Second Amendment to Contract for Private Development by and between the City of Monticello EDA, the City of Monticello, and First National Bank of Elk River, as assignee to Front Porch Associates, LTD. Motion to approve an annual fee increase as presented by Ehlers & Associates. MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) 2008 CASH FLOW PROJECTION BEGINNING CASH BALANCE, January 2008 S 761,299.78 RECEIPTS Appropriations, Expected MTF Fed or State $ -0- Notes Amortization Payments - Tapper Inc. -0- Muller Theater -0-- SMM, Inc. -0- Aroplax Corp. -0- Custom Canopy, Inc. -0- Standard Iron -0- Vector Tool -D-- Tapper's II -0- SELUEMED -0- T.J. Martin -0- Mainline Distrib. -0- Aroplax Corp. II -0- TCDC -0- IRTI -0- EDMA -p- VisiCom -0- UMC $1 62,194.02 Tapper III $ 31,883.26 WSI ($1,483.49 Mo) 6-09 $ 17,801.88 Tapper Holdings ($1,417 Mo.) 7-10 $ 17,004.00 Karlsburger Foods ($1,714.83 Mo.) 3- 12 $ 20,577.96 Interest Income - Investment (est.) $ 30,000.00 Loan Fees $ 200.00 Loan Fees Other $ 3,000.00 Miscellaneous $ -0- TOTAL RECEIPTS TOTAL BEGINNING BALANCE AND RECEIPTS 282 661.12 $1,043,960.90 EXPENDITURES GMEF Loans - Speculative Payment to city debt service fund (Budget year 2008) Legal Fees Miscellaneous TOTAL EXPENDITURES s 300,000.00 S ioo,ooo.oo $ 3,000.00 $ 1,000.00 x,404 400.00 EXPECTED CASH BALANCE, December 2008 $ 639,560.90 Council Agenda: 4/14/08 SG. Consideration of a rovin are nest for a one da charitable amblin license for a raffle at the Hi h School Ballfield on Jul 10 200$. (JO) A. REFERENCE AND BACKGROUND: The Monticello Girls Fastpitch Association has applied to the City far a permit for a one day charitable gambling license to conduct a raffle at the Monticello High School Varsity Softball field on July 10, 2008. Attached is a letter from the Monticello Girls Fastpitch Association explaining the purpose of the raffle and use of the proceeds. Also attached is the portion of the state statutes dealing with high school raffles. In the past the City has nat opposed these exempt gambling license applications for charitable events. B. ALTERNATIVE ACTIONS: Approve the ane day charitable gambling license for a raffle for Monticello Girls Fastpitch Association for July 10, 2008. 2. Do not approve the request. C. STAFF RECOMMENDATION: Staff is not aware of any reason why this application should not be approved. D. SUPPORTING DATA: Letter from Monticello Girls Fastpitch Association Section 609.761 State Statutes ~NTICELLO GIRLS FASTPITCH ASSOCIATION FO Box 902, Monticello, MN 55362 Monday, Apri107, 2008 To whom it may concern, MGFA would like to conduct a fund raising raffle during the summer of 2008. According to the Minnesota Gambling Control Board, our plans fall under the Excluded Raffles section of their regulations, as MGFA is a SOlc3 IRS registered organization, and the planned raffle will distribute less than $1,500 in prizes over 2008. Per the City of Monticello's city ordinance, Chapter 12, Regulation, Licensing, and use of Gambling Devices, we are required to present to the city, our purpose and other details about our organization, and the use of the funds collected by this raffle. This letter is intended to supply that information, and request approval From the city. MGFA has used this raffle process in the past, and has raised anywhere from $2,800 to $4,000. Early years of the raffle, prizes were donated by local businesses. More recently, due to ecpnomic times and difficulty finding partners, MGFA has chosen to self-fund the prizes for the raffle, from raffle proceeds. Either results in an important funding source for the program to continue to provide the young women of Monticello a program and facilities to play softball each year, as well as keep the cost for families as low as possible. 100% of all proceeds, less distributed prizes and ticket printing casts, are put into the general fund for MGFA, and used to pay general bills of the program, such as umpires, field maintenance, equipment, uniforms, and tournaments. This year, we also will be using portions of the revenue to assist in funding our cooperative project with the Monticello High School, building phase 2 our new concession stand and restroom facility. No money from the raffle ever goes directly to the board members, payment for advertising, or in support of any other organization. The raffle for 2008 is currently planned to begin sales on Apri128``', with the raffle held at the Monticello High School Varsity Softball Field on Thursday, 7uly 10"', 2008, at approximately 8:00 prn. The raf~'le is apen to the public, and those who purchase tickets need not be present to win. Winners will receive their prize at the drawing if present, or will be notified the following day, at which time the raffle organizer and prizewinner will determine the best method of collection. Please consider our request for a raffle. If you have any questions, please feel free to contact any one of the board members. Monticello Girls Fastpitch Association Board Members: Matt Zimmerman, President Matt Froelich, Vice President Mike Dalluge, Secretary Bruce Bakken, Treasurer Tnny Woods Steve StofTer Andy Brown 763-295-0881 or612-242-1281 763-295-8398 or612-363-1907 763-295-4595 763-295-2768 763-295-8565 763-295-4454 763-295-8604 609.761, Minnesota Statute Page 1 of 1 200 Minnesota Statutes 609.761 OPERATIONS PERMITTED. Subdivision 1. Lawful gambling. Notwithstanding sections 609.755 and 609.76, an organization may conduct lawful gambling as defined in section 349.12, if authorized under chapter 349, and a person may manufacture, sell, or offer for sale a gambling device to an organization authorized under chapter 349 to conduct lawful gambling, and parrmutuel betting on horse racing may be conducted under chapter 240. Subd. 2. State lottery. Sections 609.7SS and 609.76 do not prohibit the operation of the state lottery or the sale, possession, or purchase of tickets for the state lottery under chapter 349A. Subd. 3. Social skill game. Sections 609.755 and 609.76 do not prohibit tournaments or contests that satisfy all of the following requirements: (1) the tournament or contest consists of the card games of chance commonly known as cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500, smear, Texas hold'em, or whist; (2) the tournament or contest does not provide any direct fmancial benefit to the promoter or organizer; (3) the value of all prizes awarded for each tournament or contest does not exceed $200; and (4) for a tournament or contest involving Texas hold'em: (i) no person under 18 years of age may participate; (ii) the payment of an entry fee or other consideration for participating is prohibited; (iii) the value of all prizes awarded to an individual winner of a tournament or contest at a single location may not exceed $200 each day; and (iv) the organizer or promoter must ensure that reasonable accommodations are made for players with disabilities. Accommodations to the table and the cards shall include the announcement of the cards visible to the entire table and the use of Braille cards far players who are blind. Subd. 4. Social dice games. Sections 609.755 and 609.76 do not prohibit dice games conducted on the premises and adjoining rooms of a retail establishment licensed to sell alcoholic beverages if the following requirements are satisfied: (1) the games consist of board games played with dice or commonly known dice games such as "shake-a-day," " 3-2-1," "who buys," "last chance," "liar's poker " "6-5-4 " "horse "and "aces"• (2) wagers or prizes for the games are limited to food or beverages; and (3) the retail establishment does not organize or participate financially in the games. tic Subd. S. High school raffh Sections 609.755 and 609.76 do not prohibit a raffle, as defined in section 349.12, subdivision 33, conducted by a school district or a nonprofit organization organized primarily to support programs of a school district, if the following conditions are complied with: (1) tickets for the raffle may only be sold and the drawing conducted at a high school event sponsored by a school district. All tickets must be sold fox the same price; (2) tickets may only be sold to persons 18 years of age or older attending the event; (3) the drawing must be held during or immediately after the conclusion of the event; (4) one-half of the gross receipts from the sale of tickets must be awarded as prizes for the raffle, and the remaining one-half may only be expended to defray the school district's costs of sending event participants to high school activities held at other locations; and (S) if a school district's or nonprofit organization's grass receipts from the conduct of raffles exceeds $12,000 in a calendar year or $5,000 in a single raffle, the school district or organization must report the following information to the Gambling Control Board annually: the total amount of gross receipts received, the total expenses for the raffles, the total prizes awarded, and an accounting of the expenditures from the gross receipts of the raffles. History: 1978 c S07 s 6; 1983 c 214 s 38; 1984 c S42 art 12 s 23; 1986 c 467 s 30; 1989 c 334 art 6 s 10; 1997 c 1 SS s 10; 1999 c 187 s 2; 2002 c 378 s 2; 2003 c 110 s 43; 2005 c 166 art 4 s 1 https://wvvw.revisor.leg.state.mn.us/statutes/?id=609.761 4/7/2008 City Council Agenda- 04/14/2008 SH. Consideration of a request for rezoning from A-O_(A~ricultnral Open Space) to R-4 ---.., - {Mobile Home Park) for Kiellberg's Mobile. Home Park. Applicant: Kiellberg's, Inc. (NAC) The Planning Commission reviewed this item at its April 1St meeting and unanimously recommended approval of the rezoning, citing it as an administrative action consistent the current and proposed comprehensive plan land use policies and with the current use of the property. The Commission specifically inquired whether the applicant was proposing any changes to the property or land use and the applicant responded that he was not proposing any changes at this time. A. REFERENCE AND BACKGROUND: Kjellberg's, Inc. has applied for rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, to accommodate the west portion of Kjellberg's Mobile Home Park. The subject site is 64.54 acres in size and is located west of Highway 25 and south of the Muller Theater. ANALYSIS The site was annexed into the City in February 2003 under the current zoning designation. The Zoning Ordinance states that annexed territory shall be in the A-O district unless special action is taken to place it in another district. The use of the property has not changed since the time of annexation, and no special action has been previously taken to amend the zoning of the site. The east portion of the mobile home park was rezoned from A-O to R-4 in 1999. The subject site currently contains a mobile home park. Comprehensive Plan. The Comprehensive Plan has the site designated for Mobile Home Park land uses. Zoning. The site is currently zoned A-O. The purpose of the A-O (Agricultural Open Space) district is to provide a district which will allow suitable areas of the city to be retained and utilized in open space and or agricultural uses prevent scattered non-faanm uses from developing improperly secure economy in government expenditures for public utilities and service. Residential uses of any kind, other than farm dwellings, are not permitted in the District. As stated above, this the default zoning designation that was applied to site upon annexation. The current use of the property under this zoning designation is non-conforming. The applicant has requested rezoning to R-4. The purpose of the R-4 (Mobile Home Fark) district is to provide for mobile home uses and directly related uses. Under the requested zoning designation, the current land use would be permitted. In evaluating the application for rezoning, the Zoning Ordinance asks the City to consider the following: 1. Relationship to municipal comprehensive plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. City Council Agenda- 04/14/2008 4. The character of the surrounding area. 5. The demonstrated need for such use. The subject request is consistent with the Comprehensive Flan. It is not expected that the use will depreciate the area, as the site is currently being used as a mobile home park, and has been far some time. In terms of the character of the surrounding area, the land to the east of the site, across Highway 25, is also a mobile home park and is zoned accordingly. Lot Requirements. Design standards for the R-4 District require that each mobile home site contain at least 4,000 square feet of land area. The minimum dimensions for each site are 40 feet in width and 100 feet deep. It should be noted that staff has not been provided with adequate information to determine if all existing lots will be in compliance with these R-4 District requirements. While there xnay be potential nan-conformities with the performance standards of the R-4 District, the R-4 zoning designation is more consistent with what exists on the site, and the rezoning may actually be reducing nan-conformities from the A-O designation in that regard. B. ALTERNATIVE ACTIONS: Tlie Planning Commission recommends alternative 1 below. Regarding the request for rezoning from A-O (Agricultural Open Space) to R-4 (Mobile Home Park) the City has the following options: 1. Motion to recommend approval of the request for rezoning from A-O to R-4, based on a finding that the subject request is consistent with the intent of the Comprehensive Plan and the character of the surrounding area. 2. Motion to recommend denial of the request for rezoning from A-O to R-4, based on a finding that the subject request will depreciate the surrounding area and there is no demonstrated need for such use. C. STAFF RECOMMENDATION: Regarding the request for rezoning from A-O, Agricultural Open Space, to R-4, Mobile Home Park, staff recommends approval. The proposed rezoning is consistent with the intent of the Comprehensive Plan, and reflects the existing land use an the site. The mobile home park on the east side of Highway 25 is already zoned R-4. The proposed land use designation would eliminate the nan-conforming status of the current land use and as such, staff recommends approval. D. SUPPORTING DATA A. Description of Request B. Site Survey C. Lang Range Land Use map i. Current ii. Draft 2 -'~ '~`~~~~~ PLANNING AND PUBLIC HEARING APPLICATION .;~:.:, ~~~~~: ~~~ ~~ {~~ DEVELQPMENT SERVICES 505 WALNUT STREET, SUITE 1 PLANNING CASE NO. MONTICELLO, MN 55362 City Tiall: (763) 29_5-2711 Fax: ('763) Z95~4404 MOIYT'TCELLO E-Mail: Ca~ntxadeva!ci.monticello.mn.us tr:r::.~:.: :,;~:` '~ ~•:~:~ :::.::.: :««<>< ..t. ~::: r: i:.i iii 'r:ri~. ~: •:iir+»»..»».S~l.:•.~i'~; ~::>>....': ..~ :::?: ::....».»> ::t"' .:.\.. . 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Stage ^ Planned Unit Development -Final Stage ^ SUBDIV)rSION PLAT ^ Sketch Plans Sketch P lan: $50 + review deposit ^ Preliminary Plat Preliminary Plat: $300 + review depasit ^ Final Plat Final Plat: $SO ^ SIMPLE SUBDIVISION $200 + de osit (Based on number of resultin lots REZONING /MAP /TEXT AMENDMENT $200 + deposit ^ COMPREHENSIV.E PLAN AMENDMENT $2D0 + deposit ^ SPECIAL MEETING $3S0 ^ VACATIONS/OTHER 5125 DEPOSIT' PROM BELOW $ TOTAL FEE & DEPOSIT TO BE PAYD Deposits axe estimates only, based nn expenses involved in reviewing application materials by City Staff and consultants; they are subject to modification. Cnusultant services are necessary as determined by City staff fnr Plannex, Engineer, Attorney & other consultants. Applicant is responsible far all expenses rel ated to application reivew. Deposits required as follows. 0-3 acres $2,000 1 unit $500 4-10 acres $6,000 Z-10 units 5150 per unit 11+ acres 510,000 11+ units 51.00 per unit PROPER'T'Y ADDRESSf LOCATION: PROPERTY LEGAL DESCRIPTION: _ ENT ZONING: Agricultural/open Space ^ Residential ^ Business ^ Industrial (CIIECR APPROPRL4T'E L'OIi 8~ CIRCLE APPROPRIATE DISTRICT) AO R1 R1A R2 RZA K3 d R-PUD PZ.R PLM Bl B2 B3 B4 'CD I -1 I -lA I -2 DESCRIBE REQUEST: 1~~~~~~Q~~~~Y~~~,,,_12~G~(~Ir~N' 147,'T~'~~_~ f,{) ~-~--~3~_s~3~t_ ~.1Z ~.Cr'~ ~._~t~.~-~.1rlc~_~'Q. - ~-~-~.C~-~.(,-~L-- .-~ ---`f . ~~~~~~~-~~~_ p ~- T'_~~~5 "I``~._~'._i_^Eli_~i~ _~~l~LGb4=1C~~--l~~ _~.L1-~~y ~~ , 1 a ~ ~ ~~ ~ Z pry p ~i ~ I q b U ~~ ~ U # ~A ~o ~~ i V~ U ~ ~~ a I ~ I ~ ^~ ~ E ~ r'1 ~~ i N D °D6' S4 " E I I N 0 °D6' S4 " E 5f4. 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Q I ~ ~? ~S. -: sr~ r b I .^~` ~"~ ' I _, `2- I I - ~;... _7 _ - I ~^` ~ (~" I _. t Low pertsity R~ssiderKiAl F~tRaruNon Area Low Darby Rpsidentlai (R-1) t„pw DsrIRRy Realder~tial (R-1A) Medium C'hirtsily (attrached hag. ~ Urtran Mtxed-Use Commercial lntfUS.tr1a1 Open Spt~ce MAat~e Hcma Park ~U~UI"@ Ler1t1 („1$!! Qb~CtiYBB. 1 '~ A-' ~' ~ tI'lbC CIS a~#l1Cd !/~@6 RBh4~1' ,/L-i1~1/ 11t1d i ,~ ~Yt7 /!#~ ~ ~`~ ~ {te'a' 1~s r~N ~ ~~ ~~ w ~ ~ ~ ~~,~~ C~~ t~BV! ~, , ~J • • Pigure 3-2: Land Use Plan Map 0 5 ~ ~ ~ 4 ~ `~ ~ ~ ? ~ s s s ~ ~ ~' ~ m ~i ~ m n~ c 'n {5 C ~ N City Council Agenda -04/14/08 SY. Consideration of a request for a Conditional Use Permit for Development Stage Planned Unit Development and corresponding Development Agreement for amulti-tenant commercial building located an Lot 2, Block 1 of the Jerrv Hartung Addition. Applicant: Mike Krutzi~ (NAC) The Planning Commission heard this item at their April 1, 200$ regular meeting and recommended approval of the request with conditions. The applicant presented a revised signage plan at the Planning Commission meeting, which was approved and included as a condition. The applicant has also submitted a revised photometric plan. However, this plan is not compliant with the Zoning Ordinance and a condition of approval has been added, requesting another revision of this document. A. REFERENCE AND BACKGROUND: Mike Krutzig has submitted an application for a CUP for Development Stage Planned Unit Development far a commercial building consisting of up to four tenants on Lot 2, Block 1 of the Jerry Hartung Addition. The subject site is 3.63 acres in area and is located east of Highway 25, west of Cedar Street and south of School Boulevard. Comprehensive Plan. The subject site is guided for commercial land uses in the Comprehensive Plan. Zoning. The site is zoned B-4, Regional Business. The purpose of the B-4 regional business district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. Analysis An application far Preliminary and Final Plat for the site was approved by the City in March 2008, as was rezoning from B-3 to B-4. The applicant has now requested Development Stage Planned Unit Development for an 11,000 square foot building on Lot 2, Block 1. Said building will house a 5,431 square foot restaurant use and 5,570 square feet of retail space. The adjacent lot, Lot 1, Block 1, is proposed for future development with one building. The applicant is requesting PUD to accommodate joint access, joint parking and flexibility for signage. Lot Requirements and Setbacks. No minimum lot width, lot area, or setback requirements apply to the B-4 District. For references purposes, the following chart illustrates the proposed setbacks for the site: Pra osed Front Yard Setback 72 feet Side Yard Setback 2 feet Rear Yard Setback 155 feet City Council Agenda - 04/14/200$ Parking. The parking requirement for restaurant uses is one stall far each 40 square feet of gross dining floor area, and one stall for each 80 square feet of gross kitchen floor area. The applicant has submitted a floor plan, indicating that 3,650 square feet is devoted to dining area, with 1,350 square feet is devoted to kitchen area. The parking requirement for retail ar office uses is one parking stall for each 200 square feet of gross floor area. Using this calculation, 10 percent of the building is presumed to be reserved for hallways, restrooms, utilities and the like. As such, the parking requirement for Lot 2, Block 1 is as follows: S uare Foota a 90% S aces Re aired Restaurant Dining Area Kitchen Area 3,650 square feet 1,350 s uare feet 92 spaces 17 s aces Retail 5,013 s uare feet 26 s aces TOTAL 13S s aces The applicant is proposing 170 parking stalls on Lot 2, Block 1, plus an additiona141 future parking stalls. The proposed parking greatly exceeds the requirement for the site. However, the applicant has indicated that the restaurant tenant has requested additional parking to serve the use during peak periods. As a canditian of approval, the applicant shall be required to enter into a development agreement with the City addressing a number of items, including the construction of any stalls designated for future parking. A total of 90 parking stalls are proposed on Lot 1, Block 1. Parking for Lot 1, Block 1 cannot be evaluated at this time, as no information has been provided on potential users for this site. Parking for this lot will be evaluated as the site develops. In any case, it appears as though the entire PUD will provide adequate parking far additional commercial users. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant has stated that these stalls will be revised accordingly. Signage. In the case of a building where there are two or more uses and which, by generally understood and accepted definitions, is considered to be a shopping center or shopping mall, a conditional use permit maybe granted to the entire building in accordance to an overall site plan indicating their size, location, and height of all signs presented to the Planning Commission. In determining the amount of allowed signage, a maximum of 5 percent of the gross area of the front silhouette shall apply to the principal building where the aggregate allowable sign area is equitably distributed among the several businesses. In the case of applying this conditional use permit to a building, the building may have one pylon or freestanding sign identifying the building which is in conformance with this ordinance. The number of 2 City Council Agenda - 04/ 14/2008 wall signs is dictated by the number of streets on which the property has legal frontage. In this case, the property has frontage on both Highway 25 and Cedar Street. As such, both sides are calculated into the facade area, and wall signage maybe permitted on up to two walls. The building has a total silhouette area of approximately 6,231 square feet. Therefore, up to 311 square feet of wall signage is allowed. The applicant is proposing 470.5 square feet of wall signage, greatly exceeding the maximum allowed for the site. However, some flexibility to wall signage maybe allowed as part of the PUD, and the sign plan dated April 1, 200$ has been deemed appropriate by the Planning Commission. The site has frontage on Highway 2S, and is therefore also permitted to have a freestanding sign up to 100 square feet in area and 25 feet in height. The applicant is proposing a pylon sign adjacent to Highway 25. Said sign is proposed to be 26 feet in height and 161 square feet in area. Again, some flexibility is allowed via PUD and the pylon sign is proposed to serve multiple tenants. This sign is identical to other signs erected by the applicant for other projects throughout the City (Edina Realty/Hirschfield's, Movie Gallery/DeAngelo's Pizza) and was deemed acceptable by the Planning Commission at their April meeting. Access. Access to Lot 2, Block 1 is proposed in the southeast corner of the site, off Cedar Street. A second access is proposed in the northeast corner of the site into Lot 1, Block 1 as that site develops. These curb cuts are approximately 311 feet apart. Internal drive lanes are a minimum of 24 feet in width, and as wide as 32 feet in same locations. The primary access to the site has a drive lane width of 32 feet. In terms of pedestrian access, a bituminous trail currently runs along Highway 25, on the west side of the property with a sidewalk on the east side of the property. As part of the PUD, the applicant is proposing joint access with the Lot 1, Block 1, to the north of the site, and joint access to the existing strip mall at Monticello Business Center Second Addition. As proposed, the site indicates a temporary drive over Lot 1, Block 1 that would be surfaced with Class V at a width of 20 feet. Staff recommends that the applicant revise this drive to a width no less than 24 feet, surfaced with an alternate material. The applicant has expressed an interest in using recycled bituminous as opposed to Class V. This material has been deemed acceptable by staff. The joint access arrangement is allowed by Conditional Use Permit, or as part of a PUD, where adjoining business provide for private cross access between parking lots, provided that: 1. The required landscaping and island areas within the share parking lot meet the combined minimum as required by this Ordinance. 2. The parking lot meets the required setback at the perimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the City Engineer. City Council Agenda - 04/14/2008 4. A shared access and maintenance agreement is pravided by the property owners and recorded against all subject properties. The applicant has not provided a maintenance agreement as part of the application. This document will be required as a condition of any approval, and shall be reviewed and approved by the City Attorney. Upon review of the Monticello Business Center Second Addition PUD, shared access to the subject site was approved, conditioned on receiving a shared access and maintenance agreement for that arrangement as well. This agreement shall also be required at this time as a condition of approval. In addition to the conditions of approval, additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Parcel A, full Conditional Use Permit review shall be required to accommodate the shared access arrangement on that parcel with any future user. Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, or one tree per SO lineal feet of site perimeter, whichever is greater, is required. The site has approximately 1,1121ineal feet of site perimeter, requiring 23 overstory trees, and 10,946 square feet of building area, requiring 11 trees. Therefore, the site perimeter requirement prevails. The applicant is proposing 20 overstory trees and three ornamental trees throughout the site, as well as numerous shrubs. While the minimum overstory tree requirement has not been satisfied, the shrubs and ornamental trees may serve as credit for the three remaining trees. In terms of species, the applicant is proposing six Imperial Honeylocusts, four Red Maples, and ten Black Hi11s Spruce. The majority of the tree plantings are proposed along the perimeter of the site. Shrub plantings are proposed around the foundation of the building, and along the south and west boundaries of the site. The ornamental trees are proposed under the overhead power lines, to avoid any interference. In addition to the overstory tree requirement, the applicant is required to provide a minimum of one internal landscaped area/island delineator in addition to any required traffic safety island for each additional 5,000 square feet ofoff-street parking space after the first 5,000 square feet. In this case, a minimum of eight such islands are required. These islands must be a minimum of 173 square feet in area, equal to the size of an average parking stall on the site. The applicant is proposing nine islands, consistent with the minimum requirement for the site. Lighting. The applicant has submitted a photometric plan illustrating seven fixtures mounted on 28-foot poles, and four fixtures mounted on 18-foot pales. The zoning ordinance restricts any light, or combination of lights, from casting glare onto public street in excess of 1 footcandle, when measured at the centerline of the street. 4 City Council Agenda - 04/14/2008 The applicant has submitted a revised photometric plan, illustrating footcandle readings up to 1.5 at the centerline of Cedar Street. The applicant shall be required to revise the photometric plan showing readings that do not exceed 1 footcandle at the centerline. Staff is also concerned with the height of the fixtures under the existing power line easement. In the past, Xcel Energy has not allowed poles in excess of 12 feet in height under overhead power lines. Staff recommends that the applicant reduce the height of these poles under the NSP easement to a height consistent with the policies of Xcel Energy. Building Design. The applicant has provided color elevations for the entire building. The building is proposed to be constructed primarily of red, brown and tan rack face CMU, with red and brown brick on the upper half. Each entrance will be accented with black fabric awnings and glass coverage. The restaurant tenant will have a black and yellow roof screen with a yellow LED accent strip around the top of the building and metal coping. The entrance to the restaurant user will be accented with a yellow entrance sign, extending above the height of the remainder of the building. An outdoor seating area is proposed on the south side of the building, with a canopy and decorative fencing surrounding the perimeter. Grading Plan. The City Engineers have reviewed the proposed grading plan and made the following recommendations: Show the proposed 1-foot contours and how they will tie into the existing grades around the site. 2. It is recommended to use 2% slopes for the parking area. 3. Provide storm sewer design calculations. A complete review of the storm sewer system will be reviewed after these calculations are submitted. You may want to reroute the storm sewer to tie into the existing 30-inch storm sewer instead of the catch basin an Cedar Street. 4. As discussed, consider rerouting the storm sewer on the west side of the site to the existing manhole to the west at the property line of Lot 1 and 2 if the existing storm sewer has sufficient capacity. 5. Catch basins should be a minimum 4 feet deep as per City design standards. 6. Number the catch basins to identify them, bath in the plans and your design calculations. 7. Adjustment of the existing storm sewer manhole on the 30-inch storm sewer may require concrete sections to be removed due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 5 City Council Agenda - 04/14/2008 8. Provide an alternate to permanent barricades placed along the north lot line such as landscaping, temporary curbing or alternative signage. 9. Identify the emergency overflow elevation and route. Utilities. The City Engineer's have reviewed the preliminary utility plan, and made the following recommendations: The sanitary sewer stub fram Cedar Street is 8-inch, not 6-inch as noted. 2. The City requires individual sewer and water services to extend to each building from a City main where there are separate owners for each building. It is understood that there will be one owner for the proposed buildings on Lot 2 and a separate owner for Lot 1. 3. For the sanitary sewer service, the City main as referenced above, will be defined as the 8-inch stub from Cedar Street extending to the manhole within the site. A drainage and utility easement shall be shown on the final plat over this City maintained line. The sanitary sewer manhole shown on the plan should be a standard manhole and not a sampling manhole. A sampling manhole will need to be provided on the service line to the proposed restaurant building and allow for the City to access the manhole for monitoring. If the building adjacent to the proposed restaurant becomes a restaurant or food service-type building, a sampling manhole would need to be installed on the service at that time. In addition, please extend the sewer services fram the proposed City main and not directly from the manhole, to serve Lot 1 and 2. Wye connections should be made just east of the proposed manhole. 4. For the water service, two alternatives were discussed. a. Extend the water service fram the stub an Cedar Street with individual services extending to Lot 1 and Lot 2. A hydrant would need to be provided at the end of the stub to allow for flushing of the main, as this would be a City main. A drainage and utility easement would need to be provided over the City maintained line. b. Extend a separate water service to Lot 2 fram the 12-inch watermain within Cedar Street, while retaining the existing stub to serve Lot 1. The street will need to be excavated to accomplish this. The City is currently updating its detail plate defining utility excavations in streets and will forward that to you. Note existing hydrants and gate valves may need to be adjusted as per City standards. 6 City Council Agenda - 04/14/2008 b. No additional hydrants are required an the site as long as existing hydrants are within 150-feet of building FDC's. In addition, it is assumed that the building will be sprinkled. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Other engineering recommendations include the following: 1. Provide a concrete driveway apron at the site entrance from the cul-de-sac per City Standard Flate No. 5007. Frovide more detail on the entrance grades to verify drainage. 2. The 20-foot wide temporary access will be revised to be 24-feet wide and consist of recycled bituminous material. The access will be located behind the buildings closer to TH 25. 3. The City's experience with parking lot lighting under NSP's easement indicates that a maximum 12-foot high pole is allowed within their easement. 4. A11 detail plates should be revised to reflect the current plates from the City General Specifications dated Apri12007. We will provide those to you along with recent revisions the City has made to detail plates 5. Show the 1:1 zone of influence and corresponding elevations for the 30-inch storm sewer and the foundation of the building. B. ALTERNATIVE ACTIONS: The Planning Commission recommends approval of the Conditional Use Permit for Planned Unit Development. Regarding the request for a Conditional Use Permit Development Stage Planned Unit Development, the City has the following options: 1. Approve the request for a Conditional Use Permit for Development Stage PUD and Development Agreement as presented, based an a finding that the proposed use is consistent with the performance requirements for the B-4 District and provides a quality project that justifies the use of Planned Unit Development. 2. Deny the request for a Conditional Use Permit for Development Stage PUD and Development Agreement, based on a finding that the proposed use is not consistent with the performance requirements for the B-4 District and is not consistent with the intent of Flanned Unit Development. 7 City Council Agenda - 04/ 14/2008 C. STAFF RECOMMENDATION: Staff recommends approval of the CUP far Development Stage Planned Unit Development and corresponding develaprnent agreement, subject to the canditians outlined in Exhibit Z. The applicant has proposed a site layout that is consistent with the performance standards of the B-4 District, and the site appears to function well with neighboring uses. The building design and site layout appear to be consistent with the intent of Planned Unit Development, and therefore staff recommends approval. The development agreement may require minor modifications, but the draft presented outlines the basic terms of the development approval. D. SUPPORTING DATA A. Architectural Site Plan B. Floar Plan C. Preliminary Site Plan D. Preliminary Grading Plan E. Preliminary S.W.P.P.P. F. Preliminary Utility Plan G. Preliminary Landscape Plan H. Details I. Photometric Plan J. Color Building Elevations K. Preliminary Elevations L. Sign Plan M. Comment Letter from the Consulting Engineer, dated 3-28-08 N. Draft Development Agreement Z. Conditions afApproval 8 -c WSB & Associates. !n['. March 26, 2008 Infrastructure ^ Engineering ^ Planning ^ Construction Mr. Mike Krutzig SB22, LLC 9234 State Highway 25, NE Monticello, MN SS362 Re: Monticello Business Center Phase III Plan Review City of Monticello Flanning No. 2008-011 WSB Project No. 1627-87 Dear Mr. Krutzig: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 We have reviewed the civil plans prepared by John Oliver & Associates, Inc, dated March 10, 2008, far the above-referenced project and based on discussions at the application review meeting on March 25, 2008, we offer the following comments. Sheet 1/7 -Site Plan 1. Provide a concrete driveway apron at the site entrance from the cul-de-sac per City Standard Plate No. 5007. Provide more detail on the entrance grades to verify drainage. 2. The 20-foot wide temporary access will be revised to be 24-feet wide and consist of recycled bituminous material. The access will be located behind the buildings closer to TH 25. 3. The City's experience with parking lot lighting under NSP's easement indicates that a maximum 12-foot high pole is allowed within their easement. Sheet 2/7 - Preliminar Gradin Plan Show the proposed 1-foot contours and how they will tie into the existing grades around the site. 2. It is recommended to use 2% slopes for the parking area. Provide storm sewer design calculations. A complete review of the storm sewer system will be reviewed after these calculations are submitted. You may want to reroute the storm sewer to tie into the existing 30-inch storm sewer instead of the catch basin on Cedar Street. G:iCuuru~idRnpurrsl~008i041dON103d608CommenFLenend~k Mr. Mike Krutzig March 26, 2008 Page 2 4. As discussed, consider rerouting the storm sewer an the west side of the site to the existing manhole to the west at the property line of Lot 1 and 2 if the existing storm sewer has sufficient capacity. 5. Catch basins should be a minimum 4 feet deep as per City design standards. 6. Number the catch basins to identify them, both in the plans and your design calculations. 7. Adjustment of the existing storm sewer manhole on the 30-inch storm sewer may require concrete sections to be removed due to the amount of adjustment needed. The maximum height of adjusting rings shall not exceed 12-inches. 8. Frovide an alternate to permanent barricades placed along the north lot line such as landscaping, temporary curbing or alternative signage. 9. Identify the emergency overflow elevation and route. Sheet 4/7 -Preliminary Utility Plan 1. The sanitary sewer stub from Cedar Street is 8-inch, not 6-inch as noted. 2. The City requires individual sewer and water services to extend to each building from a City main where there are separate owners for each building. It is understood that there will be one owner for the proposed buildings on Lot 2 and a separate owner far Lot 1. For the sanitary sewer service, the City main as referenced above, will be defined as the 8-inch stub from Cedar Street extending to the manhole within the site. A drainage and utility easement shall be shown on the final plat over this City maintained line. The sanitary sewer manhole shown on the plan should be a standard manhole and not a sampling manhole. A sampling manhole will need to be provided on the service line to the proposed restaurant building and allow far the City to access the manhole for monitoring. If the building adjacent to the proposed restaurant becomes a restaurant or food service-type building, a sampling manhole would need to be installed on the service at that time. In addition, please extend the sewer services from the proposed City main and not directly from the manhole, to serve Lat 1 and 2. Wye connections should be made just east of the proposed manhole. 4. For the water service, two alternatives were discussed. a. Extend the water service from the stub on Cedar Street with individual services extending to Lot 1 and Lot 2. A hydrant would need to be provided at the end of the stub to allow for flushing of the main, as this would be a City main. A drainage and utility easement would need to be provided over the City maintained line. b. Extend a separate water service to Lot 2 from the 12-inch watermain within Cedar Street, while retaining the existing stub to serve Lot 1. The street will need to be C:'~.CuuncrlRrpurrsiZ008104(408103Z608('ammenH.~rrer. dce Mr. Mike Krutzig March 26, 200$ Page 3 excavated to accomplish this. The City is currently updating its detail plate defining utility excavations in streets and will forward that to you. 5. Note existing hydrants and gate valves may need to be adjusted as per City standards. 6. No additional hydrants for fire fighting purposes will be required on the site as long as existing hydrants are within 150-feet of building FDC's. In addition, it is assumed that the building will be sprinkled. 7. A utility excavation permit must be obtained from the Public Works department prior to commencement of utility connections. Sheet 6/7 and 7/7 Details All detail plates should be revised to reflect the current plates from the City General Specifications dated April 2007. We will provide those to you along with recent revisions the City has made to detail plates 2. Show the 1:1 zone of influence and corresponding elevations for the 30-inch storm sewer and the foundation of the building. Final construction plans will need to be submitted, reviewed and approved prior to building permit approval. In addition, please provide the City with a revised final plat for review. The final plat must be recorded prior to building permit approval. Please give me a call at 763-287-7162 if you have any questions or corcaments regarding this letter. Thank you. Sincerely, WSB & Associates, Inc. Shibani K. Bisson, PE Project Manager cc: Dale Campbell, John Oliver & Associates, Inc. Bruce Westby, City of Monticello John Simola, City of Monticello Angela Schumann, City of Monticello skb G: ICoum~ilRrpurrr1700810d 1408i0.4:GONC'ommem/~ner.drk (reserved for recording information) CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT CONTRACT LOT 2, BLOCK 1, JERRY HARTUNG ADDITION, MONTICELLO AGREEMENT dated , 2008, by and between the CITY OF MONTICELL.O, a Minnesota municipal corporation ("City"), and SB 22, LLC, a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR CONDITIONAL USE APPROVAL. On April 14th, 2008 the City approved a Conditional Use Permit for Planned Unit Development for the JERRY HARTUNG ADDITION (referred to in this Contract as the "Development"). The land on which the Development is located is situated in the City of Monticello, County of Wright, State of Minnesota, and is legally described as Lot 2, Block 1, JERRY HARTUNG ADDITION, Wright County, Minnesota. 2. CONDITIONS OF APPROVAL. The City approved the conditional use permit for Planned Unit Development, based on the conditions that: 1. A shared access and maintenance agreement shall be provided by the property owners and recorded against all subject properties in the plat. 2. The applicant shall be required to revise the photometric plan showing readings all the way to the centerline of the adjacent public streets. Readings at the centerline shall not exceed 1 footcandle. 3. The temporary access to the Monticello Business Center Second Addition shall be constructed of recycled bituminous at a width of 24 feet. JerryHariungAddition.vl 1 4. The applicant shall reduce the height of the light fixtures within the power line easement to a height consistent with the policies of Xcel Energy. 5. The applicant shall enter into a developnrxent agreement with the City to address proof of parking, parking in the storm sewer easement, construction of a patio within the storm sewer easement and general conditions of the Flanned Unit Development. 6. The applicant shall comply with all recommendations of the City Engineer, as detailed in the memo from WSB and Associates dated March 26, 2008. 7. Additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Lot 1, Block 1, full Conditional Use Permit review shall be required to accommodate the shared access arrangement on that parcel with any future user. $. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant shall revise the stall length accordingly. 9. Signage for the site shall not exceed that proposed on the revised sign plan, submitted April 1, 200$. 10. Lot 2, Block 1 shall be screened in accordance with the ordinance in relationship to parking. 3. RIGHT TO PROCEED. Within the development, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the fallowing conditions have been satisfied: 1) this agreement and the ftnal plat has been fully executed by both parties and filed with the City Clerk, and 2) the necessary security has been received by the City. Developer will record this Agreement in the office of the Wright County Recorder as promptly as possible after it has been executed by the City and an original thereof delivered to Developer. 4. DEVELOPMENT PLANS. The Development shall be developed in accordance with the plans submitted for conditional use permit review and approved on May 14"', 2006, ("Approved Development Plans") except as modified by the approved conditions noted herein. The Approved Development Flans shall be attached to this Contract. 5. PHASED DEVELOPMENT. A. The developer is seeking to develop only a portion of the plat at this time. At the time that the developer seeks to develop the balance of the plat, such development is subject to all applicable City review and fees, including all sanitary, watermain and storm area charges. 7erryHartungAddition, v 1 2 B. The Planned Unit Development includes a designated "proof of parking" area for Lot 2, Block 1 of the plat, consisting of 41 stalls. Construction of parking in the "proof of parking" area shall require a separate review and approval at the time that sufficient need is demonstrated warranting the improvement. At the time such development of the "proof of parking" area occurs, the Developer shall be required to relocate the landscaping approved per the Planned Unit Development, consistent with ordinance requirements. 6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Development to perform all work and inspections deemed appropriate by the City in conjunction with development. This license is subject to the rights of future tenants of the Development and terminates upon completion of the work and improvements described in this Agreement. The City's agents, employees, officers and contractors entering the Development subject to this license shall exercise and observe reasonable safety precautions in performing work and inspections permitted by this license. 7. EROSION CONTROL, STORMWATER CONTROL AND STREET CLEANUP. Prior to initiating site grading, an erosion control plan shall be implemented by the Developer and inspected and approved by the City. The Developer shall clean dirt and debris from streets that has resulted from site and construction work in the Development by the Developer or any other person or entity. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, or repeatedly fails to clean and sweep streets, and such noncompliance or failure is not cured after ten (10) business days' notice to Developer, the City may take such action as it deems appropriate, including the performance of the necessary work by City staff or contracting to have it performed. Charges incurred with the enforcement of erosion control are the responsibility of the developer. No site and construction work will be allowed and no building permits will be issued unless the development is in full compliance with the approved erosion control plan and storm water control measures are in place. 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the underground utility and drainage improvements lying within public easements shall become City property without further notice or action. 9. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area charge. JerryHariungAddition.vl 3 The storm sewer area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. lp, SANITARY SEWER AREA CHARGE. The Development is subject to a sanitary sewer area charge. The total sanitary sewer area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. 11. WATER MAIN AREA CHARGE. The Development is subject to a water main area charge. The total water main area charge shall be paid on a per unit basis at the time of the issuance of building permits. The total charge shall be adjusted to reflect the per acre rate in effect at the time of the issuance of each building permit. 12. PUBLIC IMPROVEMENTS. A. Lot 2, Block 1 of the plat includes a public drainage and utility easement to accommodate an existing storm sewer. No permanent structure may encroach into the easement area. Non-permanent structures, such as patio enclosures, drive aisles, and required parking may be constructed over the easement, subject to the review and comment of the City Building Official and City Engineer. Any disruption of non-permanent structures lying within the public easement shall be at the expense of the property owner. B. The City has conditioned its approvals of the development applications for the subject property on the construction of certain Street Improvements to Cedar Street ("Improvements") including the future extension of Cedar Street by the City, and. the Agreement of the Developer to pay for a portion of the costs of the improvements. A separate assessment agreement and resolution have been executed in relationship to this improvement. 13. RESPONSIBILITY FOR COSTS. A. The Developer has provided a deposit for the review of the Development. The Developer shall pay all actual documented costs in excess of the deposit incurred by it or the City in conjunction with the development for City administration, legal, engineering and planning expenses incurred in connection with approval and acceptance of the development and preparation of this Contract. All expenses will be billed at project completion. JerryHartungAddition. v 1 4 B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from development, with the exception of any damages or costs resulting from the negligence or intentional acts of the City or its employees, agents or contractors. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City far all reasonable costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations due under this Contract within thirty (30) days after receipt. If the bills are not paid an time, the City may halt development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. E. In addition to the charges referred to herein, other customary fees may be imposed such as but not limited to building permit fees, sewer access charges (SAC) and water access charges (WAC). 14. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as reasonably determined by the City, is first given notice of the work in default and the opportunity to cure ,not less than thirty (30 days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 15. MISCELLANEOUS. A. The Developer represents to the City that, to the best of Developer's knowledge, the development complies with all county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the plat ceases to comply with county, metropolitan, state, and federal laws and regulations, the City may, at its option, after thirty (30) days notice 7erryHartungAddition.vl ~ and opportunity to cure to Developer refuse to allow construction or development work until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Contract. C. Breach of the terms of this Contract by the Developer, after thirty (30) days notice and opportunity to cure, shall be grounds for denial of building permits and a certificate of occupancy. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. The action or inaction of the City or Developer shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's or Developer's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the real property described in Paragraph 1 and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests such property with the exception of the Mortgage to be granted to U.S. Bank N.A.; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance JerryHartungAddition. v 1 H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. I. The Developer may not assign this Contract without the written permission of the City, which shall not be unreasonably withheld or delayed. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells a part or parts of the Development, provided Developer shall be released from its obligations hereunder related to the Pad Site from and after the date on which fee title to the Pad Site is transferred to a third party. Upon completion of all of the work and improvements described in Paragraphs 3 through 17 of this Contract and Developer's compliance with its obligations under Paragraphs 3 through 17, at Developer's request, the City will execute and deliver to Developer a Partial Release of this Contract in recordable form. The provisions of Paragraphs 1 and 2 of this Contract related to approval of the Conditional Use Permits for the Development shall remain in effect and. survive the execution and recording of such Partial Release. In addition, the Fad Site shall not be released from the provisions of this Contract until such time as an Amendment to this Contract or anew development contract is entered into with the developer of the Fad Site. 16. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: SB 22, LLC, Attention: Michael Krutzig, President, 9234 Highway 2S, Monticello, Minnesota SS3b2. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Monticello City Hall, SOS Walnut Street, Monticello, Minnesota 55362. Notices shall be effective upon delivery, if hand delivered, or one (1) business day after the date of mailing, if mailed.. Either party may change its address for notice purposes by notice to the other party given in the manner provided in this Paragraph. CITY OF MONTICELLO JerryHarivngAddition. v 1 7 BY: (SEAL) AND STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) Clint Herbst, Mayor Rick Wolfsteller, City Administrator The foregoing instrument was acknowledged before me this day of , 2006, by Clint Herbst and by Rick Wolfsteller, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: BROADWAY MARKET INVESTORS, LLC BY: Its: JerryHartungAddition. v 1 $ STATE OF MINNESOTA COUNTY OF under the laws of Minnesota, on behalf of the limited liability company. NOTARY PUBLIC DRAFTED BY: C[T'~ o~ MONT[CELIao 505 WALNUT STREET, SUITE 1 MONTICELLO, MN 553b2 AMS ( ss. The foregoing instrument was acknowledged before me this day of , 200b, by the of SB 22, LLC, a limited liability company JerryHartungAddition. v I MORTGAGE HOLDER CONSENT TO CONDITIONAL USE PERMIT AND DEVELOPMENT CONTRACT U.S. BANK, NATIONAL ASSOCIATION, a national banking association, which holds a mortgage on the property described in the above Conditional Use Permit and Develapment Contract, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby jain in, consents, and is subject to the foregaing Canditianal Use Fermit and Development Contract and agrees that the Canditional Use Permit and Development Contract referenced therein shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2006. STATE OF MINNESOTA ) ) 5S. COUNTY OF U.S. BANK, NATIONAL ASSOCIATION By; Its: By: Its: The foregoing instrument was acknowledged before me this 2006, by and by the and Bank, National Association, a national banking association, on its behalf. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Associcrtinn 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 TMS/cjh of U.S. day of JerryHartungAddition,vl 10 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Monticello 505 Walnut Street Monticello, Minnesota 55362 Dear Sir or Madam: We hereby issue, for the account of ame of Develo er and in your favor, our Irrevocable Letter of Credit in the amount of $ ,available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ,dated , 2 , of __ (Name of Bank; b) Be signed by the Mayor or City Administrator of the City of Monticello. 2007. c) Be presented for payment at (Address of Bank,, on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Monticello City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Monticello City Administrator, Monticello City Hall, 505 Walnut Street, Monticello, MN 55362, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its JerryHartungAddiCion.vl 11 CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Monticello 505 Walnut Street Monticello, Minnesota 55362 INSURED: ADDITIONAL INSURED: City of Monticello AGENT: WORKERS' COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE -Workers' Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: OClaims Made OOccurrence LIMITS: [Minimum] Bodily lnj ury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy$1,000,000 or more JerryHartungAddition.vl 1 ~ COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Froperty Damage: $500,000 each occurrence -OR- Combined Single Limit Folicy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] JerryHartungAddition. v 1 13 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAH. TEN (10) DAYS ITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative JerryHartungAddition.v 1 ~ 4 City Council Agenda - 04/14/2008 Exhibit Z Conditions of Approval SS 22, LLC/Mike Krutzig Planned Unit Development 1. A shared access and maintenance agreement shall be provided by the property owners and recorded against all subject properties. 2. The applicant shall be required to revise the photometric plan showing readings at the centerline of Cedar Street that do not exceed 1 footcandle. 3. The temporary access to the Monticello Business Center Second Additian shall be constructed of recycled bituminous at a width of 24 feet. 4. The applicant shall reduce the height of the light fixtures within the power line easement to a height consistent with the policies of Xcel Energy. 5. The applicant shall enter into a development agreement with the City to address proof of parking, parking in the storm sewer easement, construction of a patio within the storm sewer easement and general conditions of the Planned Unit Development. 6. The applicant shall comply with all recommendations of the City Engineer, as detailed in the memo from WSB and Associates dated March 26, 2008. 7. Additional review will be required for Lot 1, Block 1 at such time as the site develops. As no development is currently proposed for Lot 1, Block 1, full Conditional Use Permit review shall be required to accommodate the shared access arrangement an that parcel with any future user. 8. All proposed parking spaces are 18 feet in length, as opposed to the 20 feet required. However, it appears as though the width of the adjacent drive aisles will allow for longer parking stalls, in compliance with the minimum requirement. The applicant shall revise the stall length accordingly. 9. Signage far the site shall not exceed that proposed an the revised sign plan, submitted April 1, 2008. 10. Lot 2, Block 1 shall be screened in accordance with the ordinance in relationship to parking. 9 ES'~~Z ~„0~~5t~aE9S __ - ,.. .~ •: .._ . RKING. FUTURE PA - 1 1 I 1 i IJ .r ' -_._ 4L 9 ~_..~ ~L ~_ t~ ~y 9 L m rn rn _i._..,..,~. saaiM pnayaano 0 c m rn ~ ~ ._... aim pbayaan~ ~ li -~ Z _. - -^~ ~ ._._{~ I ,... ............... ..{~ I ~ !I I m i ~ v ~ I *Z c i ~ I ~ ...., it J ~ I :.-.:~: 11 j :: ' z N V h7 IV W m m w `~ N rn -~ 70 C Z ,_.. n O rN„ V 1 IT~CTS, INC r _.. ~ r _.. .i ~ - --, ~o ~o~ ~ rn R~~ ~l J~ • J~ '~~ ti. I ~ O ~ O ~ O O ~, ~ a ,a ~ rn ~ a ~n 1 • D ~~: N _, . _. 1/ o ~, o , -- _ _ _ _ . _ __ .. rn -.~ .~. r I J J _~~ ~ ~~ ~_ ~~ -~J ry J JS INC /,/ / ~! / _ ~ _ ,. r \T I / I _ ~ ~ ~ ~.d„5j _ -ten ~-~-. ° ~ I _. ' r.. .. 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NONE \ F ILF No _. 697_/ ~0-03 ~ pETAILS o~te LI° r{ ~ xxxr.x p4TE I UESCF;{F'Tlpl"I :,1 ~ M1t nL~ .{ ~ z 7_ _ - r S = rn y ..... ..... :,rte , ~ m ylm ys ~ ~ G ~ m ~° ~~ yo ~ S lmm Z;p Y. _,Qr ~ ~Z m ~r» y' °=m ~ ~ .,b ~r C ~-~nii v,~ r~'i ~-v amp M ~~ ~ T f Mini. 7' _ -y Z.n Y c~ n rani. .. ., ~ ~ -- - - - - G ~ - ra u ~'. , Z O f•l z c T cn -i ~ ~, 0 n -, N a z 0 a a C4 n Y O fn m C I'l z m n m ~Z O C (~ { - ;I " ~~, h- v ~ I ( -~ ~ ~ `~ ~ i ;, . m I -~ . a - n i :.0" .., r-- -- ~!ili z z a 7.- f~ T.. ti m m a ~ ~ n F> m ~ =1- s~-1 ~ PAII! G a m ~, n_ ~r _ nc n T I hereby czrtify Chet tViis plan, 5pec.i(- UArE.~„_-..O~Q/GG ~~ ~ = Monticello Business Center F'hase III John Oliver & Associates, inc. CM1 e+{ El,p ,~g Ln d 5 e~(eyr„q, LnnJ PIRn,+b+g eatio/1o~ yep„rt w°` pr°"are(, by f1e ~(~(„~,~~i <(ra~,t 51F 5,ar, „~ C`r that I ~§, it W L ne i Frotess r+nal - ue~ICLJ er- ~~~~. (1M L~Pgwfd Fr' _ \ Z (~ MN MONTICELi_0. 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Consideration of a royal of the S ecial Assessment A reement and Ado tin S ecial Assessments for Cedar Street Im rovements for the Jer Hartun Addition. (City Attorney/AS) A. REFERENCE AND BACKGROUND The developer of the Jerry Hartung Addition, Mr. Mike Krutzig, has reviewed the assessment agreement and resolution with his attorney. At the recommendation of his attorney, Mr. Krutzig has indicated to City staff that he is agreeable to execution of this agreement as written. At its March 10`", 2008 meeting, the City Council approved the final plat of the Jerry Hartung Addition, a two lot commercial subdivision south of the Monticello Marketplace Addition. Final plats are most often accompanied by a corresponding development agreement. In the case of the Jerry Hartung Addition, the final plat requires only an assessment agreement and related resolution. The City Attorney has advised staff that recent court decisions have necessitated the use of assessment agreements and corresponding resolutions. Waivers of assessment hearings and/or appeals can no longer be incorporated into the development agreement alone. Negotiated assessments must be formalized by separate assessment agreement and resolution. As such, the City Council is asked to approve the assessment agreement and adopt a resolution of special assessments for the Jerry Hartung Addition. The proposed plat includes no major public improvements with the exception of the proposed extension of Cedar Street. Therefore, the agreement only includes assessment information for Cedar Street. The major points of the assessment structure are as follows: • The City will build the Cedar Street extension. The developer has provided right-of--way in the approved plat for the future extension. • The assessment for the construction will be deferred until the time the road is extended. The assessment is based on an engineer's estimate of the 2008 per front foot cost of the road improvement. The pending assessment will continue to be based on the actual cast of the road at construction, which has been estimated for the agreement's purposes on the per front foot cost, plus a 4% construction cost index per year. • The assessment agreement includes a sunset date, which indicates that if Cedar Street is not extended by 2038, the property owner is not obligated to the assessment. It should be noted that a development agreement will be required as part of the Conditional Use Permit far Planned Unit Development, which is also on the Council's agenda for consideration. The development agreement will cover items specific to the terms of the Conditional Use Permit site development. B. ALTERNATIVE ACTIONS Motion to approve the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements far the Jerry Hartung Addition. City Council Agenda - 04/14/08 2. Motion to deny approval of the Special Assessment Agreement and Adopting Special Assessments for Cedar Street Improvements for the Jerry Hartung Addition. 3. Motion of other. C. STAFF RECOMMENDATION Staff recommends alternative 1 above. D. SUPPORTING DATA A. Special Assessment Agreement and Resolution Adopting Special Assessments for Cedar Street Improvements for the ,Terry Hartung Addition. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2008-33 APPROVING SPECIAL ASSESSMENT AGREEMENT AND ADOPTING SPECIAL ASSESSMENTS FOR CEDAR STREET IMPROVEMENTS WHEREAS, the City has received and approved an application for rezoning, resubdivision and replotting for Michael Krutzig/SB22 LLC, a Minnesota Limited Liability Corporation ("Developer"), for land legally described as: JERRY HARTUNG ADDITION WHEREAS, pursuant to authority granted it by Minnesota Statutes 462.358, Subd. 2a (2008), the City has conditioned its approvals of the development applications far the subject property on the construction of certain Street Improvements to Cedar Street ("Improvements") including the future extension of Cedar Street by the City, anal the Agreement of the Developer to pay for a portion of the costs of the Improvements, and; WHEREAS, the City has received a Fublic Improvement and Special Assessment Agreement (a copy of which is attached hereto as Exhibit "A") from the Developer for City construction of the Improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The Assessment Agreement is hereby approved. The Mayor and City Clerk are authorized and directed to sign the Agreement. 2. Such proposed assessments, as amended, are hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 3. The property owner may, within 30 days of the execution of this agreement, pay the whole of the assessment on such property to the City, except that no interest shall be charged if the entire assessment is paid prior to certification of the assessment. The owner may at any time thereafter pay the City the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The cost of the improvements assessed by this resolution to the property as identified in the attached Assessment Agreement is $45,967.50. Terms of the Assessment shall be as provided in the Special Assessment Agreement. ADOPTED this 14th day of April, 2008, by the City Council of the City of Monticello. Clint Herbst, Mayor ATTEST: Dawn Grossinger, Deputy City Clerk SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT (the "Agreement") made this 24th day of March, 2007, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City") and MICHAEL KR.UTZIG/SB 22 LLC, residing at 9234 State Highway 25, NE, Monticello, Minnesota ("Developer"). Recitals: A. The Developer owns the Subject Property located in Wright County legally described as follows: JERRY HARTUNG ADDITION B. The Developer has applied for and received certain approvals relating to the Developer's proposed development of the Subject Property, including rezoning, resubdivision, and replotting. C. Consistent with city subdivision regulations and other official controls, the City conditioned its approvals on the dedication of right of way, extension. and construction of Cedar Street abutting the Subject Froperty. D. Due to the uncertainty of determining the most appropriate alignment of Cedar Street to serve properties to the south of the Subject Property, the City and Developer have determined it to be in their mutual interest to delay the construction of the extension of Cedar Street. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The City will be responsible for constructing the extension of Cedar Street abutting the Subject Property. The construction of Cedar Street shall be within the area dedicated on the plat of the Subject Property or in an alternate alignment as determined by the City. 2. If the City determines not to extend and construct within the right of way dedicated on the plat of the Subject Froperty for that purpose, the City will vacate that portion of the right of way that it determines in its sole discretion as not necessary for the extension of Cedar Street. 3. The Subject Fraperty shall be assessed costs, fees and charges associated with the construction of improvements to Cedar Street abutting the Subject Property to serve and benefit the Subject Froperty in the amount of $45,967.50 based on an estimated construction cost determined as follows: $202.50 per front foot x 227 feet. 4. The first installment of the assessment is to be deferred until construction of the improvements. Until completion of construction, the deferred assessment amount shall be increased annually by 4% (based on the construction cost index increase per year) from the date of this agreement until construction of the improvements by the City or others. The first installment of the assessment against the Subject Property shall be payable in the year following construction of the extension upon notification to the Developer and to the County of the amount to be assessed or a reduced amount based on the actual costs of construction, and shall be payable over a five (5) year period, accruing interest at the rate of 1.5% over the City's current band rate per annum commencing from the date of the completion and acceptance by the City of the improvements and notice to Developer of the adopted or revised assessment amounts. The Developer may prepay the assessment. 5. The assessment shall be deemed adopted on the date this Agreement is signed by the City. The Owners, by signing this Agreement, acknowledge that all procedural and substantive objections to the Assessment are hereby waived unconditionally, such waiver includes any rights of Owners, their successors or assigns to hearing requirements and any claim that the assessments exceed the benefit to the Subject Property. The Owners further waive any appeal rights otherwise available pursuant to M.S.A. § 429.0$1. 6. This Agreement shall be binding upon the Owners and the Owners' successors and assigns. This Agreement maybe recorded against the title to the Subject Property. The City may reduce the amount of the assessment and this Agreement terminates if the raad improvement is not ordered by the City on or before April 1, 2038. CITY OF MONTICELLO BY: Clint Herbst, Mayor (SEAL) AND Jeff O'Neill, City Administrator DEVELOPER: BY: Its STATE OF MINNESOTA ) ( ss. GOUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 200$, by Clint Herbst and by Jeff O'Neill, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF WRIGHT partnership, an its behalf. ( ss. The foregoing instrument was acknawledged before me this day of 2008, by the of a Minnesota limited NOTARY PUBLIC Council Agenda: 4/14/08 SK. Cousideration of approving a request for charitable gambling license for Monticello Youth Hockey at the Monticello Country Club. (JO) A. REFERENCE AND BACKGROUND: The Monticello Youth Hockey Program is requesting Council approval of a charitable gambling license at the Monticello Country Club. The gambling operations would be conducted from May 1 through October 31 of each year. Currently the Monticello Youth Hockey Program has charitable gambling licenses at Hawk's Bar and Grill and Cornerstone Cafe. Earlier this year the Council approved a one day license for Monticello Youth Hockey at River City Extreme. At that time Councilmember Mayer question that the financial information submitted was for the license period December 31, 2004-December 31, 200b. Charitable gambling licenses run for a two year period so when the license renewals come up in December of 2008 they will be submitting the financial far the 2007-20081icense period. Mr. Trent Gifford from the Monticello Youth Hockey Association indicated that the information submitted to the Council earlier and included with this agenda is the most current financial information they can present. Mr. Gifford stated the Monticello Youth Hockey's financial records for charitable gambling have passed audits by bath the Department of Revenue and the State Gambling Board. B. ALTERNATIVE ACTIONS: Approve the request far a charitable gambling license for Monticello Youth Hockey Program far the Monticello Country Club, 1209 Golf Course Road. 2. Do not approve the charitable gambling license. C. STAFF RECOMMENDATION: Staff is not aware of any reason why the Council would not approve the state issuing this gambling license. D. SUPPORTING DATA: Letter from Monticello Youth Hockey Financial Information from last license period. Monticello Youth Hockey Program, Inc. D / b / a Stars Youth Hockey April 8, 2008 City of 1Vlonticello Monticello, MN RE: Chartable Gambling To Whom It May Concern: This letter is an explanation of how the charitable gambling proceeds are used to benefit the Monticello community as a whale. Disbursements from the gambling operations are used mainly to purchase ice time at the Moose Sherritt Ice Arena for the 240 plus children that are skaters in our program. The youth hockey program is the major contributor to the ice arena which makes ice time available to the community in general. The program is also able to sponsor tournaments which draw in teams and families from other communities across the state to visit, shop and eat in Monticello. Charitable gambling proceeds are also used to purchase jerseys and other equipment from mainly local outlets for the youth teams. Safety equipment has also been purchased and made available to our youngest skaters. The charitable gambling proceeds in general allow us to control the cost to the members in order to allow a larger portion of the community to participate in the program. An increase to our charitable gambling proceeds would increase our ability to invest in our community's youth and the community in general. Sincerely, Thomas Frederick Treasurer Stars Youth Hockey CITY OF MONTICELLO RESOLUTION N0.2008-32 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Monticello Youth Hockey Program has submitted an application to the City Council of Monticella far a charitable gambling license to conduct gambling activities at Monticello Country Club at 1209 Golf Course Road, WHEREAS, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the application by the Manticello Youth Hockey Program for a charitable gambling license to conduct gambling activities at the Monticello Country Club, 1209 Galf Course Road is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the Monticello City Council this 14th day of April, 2008. Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator r z 4 c~ 0 c~ a m c~ o ~ ~. ~. r C'' (`~ ~ ~ In C' ~ ~ N „~ u.i ~ r ~ ~ ~-' ~ ~ ~~ ~ ~ ~ ~ ~"'~ ~~ ~ M ~ ~ ~, ~ -_ ~ -°~' ~ 0 ~~ N h ~ ~ a~ rv ~ ~ d .~ ~ a ~ W ~ ~ o ~ ~ ~ ~ .~ ~ ~ ~ y q~ "~ ~ G. ~ Q. V ~ y Z a ~ a ~'~ ~ ~, ~ ~ a ~ ~ a ~~ w t~ ~ t~ ~ a ~ v~ C7 Q Z F•- . ~ Z 'uf w w l 'd OCOS '°N dll ~3~d8 A N~~31S INd~bO~ l 9002 'Zl '~a~ MONT'~CELLO YOUTH HOCKEY For kil Sites From 1~1f?005 to 12/31/2006 Date _ l'`htitten Check Number Payee Description Total Par 3/9/2005 3081 SCSU ICE TIME RENTAL 5837.50 3/9/2005 30$2 BUFFALO CIVIC CENTER ICE TIME RENTAL 8965.00 4/1/2005 3129 CITY OF BUFFALq ICE TIME BILLS 4890.00 8/31/2005 3289 LUVERNE HOCKEY ASSN YOUTH HOCKEY EXP 250.00 8/31/2005 3290 LWERNE HOCKEY ASSN YOUTH HOCKEY EXP 250.00 8/31/2005 3291 ST CLOUD YOUTW WOCKEY YpUTH HOCKEY EXPENSES 525.00 6/31/2005 3292 WSPYAA YOUTH HOCKEY EXPENSES 500.00 $/31/2005 3293 WSPYAA YOUTH HOCKEY EXPENSES 500.00 8/31!2005 3294 WAHC YOUTH HOCKEY EXPENSES 575.OQ 8!31/2005 3295 HCHA YOUTH HOCKEY EXPEN5E5 550.00 8/31/2005 3296 R&R SPECIALTIES YOUTH WOCKEY EXPENSES 3$89 77 10/4/2005 3339 PNLS YOUTH HQCKEY EXPENSES , 350.00 10/13/2005 3372 MONTICELLb ICE ARENA YOUTH HOCKEY EXPE;N$E5 1575.00 10/20/2005 3374 US HOCKEY HALL OF FAME YOUTH HOCKEY EXPENSES 4pp 00 10!30/2005 3379 AST SPORTS YOUTH HOCKEY EXPENSES . 2981 50 10!30/2005 3360 HOCKEY ZONE YOUTH HOCKEY F~CPENSES . 3210,96 11130/2005 3418 EVELETH YOUTH HOCKEY YOUTW HOCKEY EXPENSES 475.00 11/30/2005 3419 MOOSE SHERRITT YOUTH MOCKl:Y EXPENSES 10012 50 11/30/2005 3420. BUFFALO CIVIC CENTER YOUTW HOCKEY EXPENSES . 1530 00 11/30/2005 3422 WOCKEY ZONE YOUTH HOCKEY EXPENSE5 . 69 58 12/1/2005 3426 MOOSE SWERRITT YOUTH HOCKEY EXPENSES . 17475.pD +/27/2006 3507 MOOSE SWERRITT YOUTH HOCKEY EXPENSES 15262.50 '.7/2006 350$ BECKER ARENA PRODUCTS YOUTH HOCKEY EXPENSES 1277.47 .,27/2006 3309 AST SPORTS YOUTW HOCKEY EXPENSES 2718 79 2M 4/2006 3519 MOOSE SHERRITT YOUTH HOCKEY EXPENSES . 15162.50 2/19/2006 3523 MOUND WESTONKA WOCKEY ASSOCI YpUTH HOCKEY EXPENSES 300.00 3/10/2006 x562 STMA YOUTH HOCKE=Y YOUTH HOCKEY EXPEN5E5 7DOO UU 4/1/2008 3599 A3T SPORTS YpUTH HOCKEY EXPENSES , 5060 35 4/3/2008 3602 MOOSE SHERRIT ICE ARENA YOUTH HOCKEY EXPENSES . 711)0 50 4!3/2006 3803 MOOSE SHERRI7T ICE ARENA YOUTH HOCKEY EXPENSES , 14668 75 4/3/2006 3804 BECKER ARENA PRODUCTS YOUTH HOCKEY EXPENSES . 1377 50 4/3/2006 3605 JOHNSON BRUNS 8 CO AUpIT . 2232 55 7/31/2006 3771 MOOSE SHERRITT ICE ARENA YOUTH HOCKEY EXPENSES . 2437 09 11/1/2006 3885 MOOSE SHERRITT ICE ARENA YpUTH HOCKEY EXPENSES . 4237.50 Total of Total of Organization 145057.31 145057,31 20:8a:95 ta4Rog7 M~nneswa GemWvr Contribution Report MONTICELL~Q YOUTH HOCKEY Page 1 Far All Sites From 4/112D04 to 3/31/2005 taste Check ' Written Number Aayee Description Total For 5/28/2004 2687 STATE= pF MINNESOTA 512612DD4 052604 UBI TAX REFUNa 7/31/2004 1 UBI TAX REFUND 8/18/2004 2772 WELLS FARGO 8/15/2004 2773 MINNESOTA REVENUE 9/17/2004 2847 STARS HOCKEY 11/15/2004 2894 STATE OF MINNESOTA 12/2012004 2970 JOHNSON BRUNS & CO 2/28/2005 UNSOLD Tax Cregit/Refund from Fnrm 3/9/2005 3081 SCSU 3/9/2005 3082 BUFFALO CIVIC CENTER Total of 45638.48 Total of Orgamzafion ass3g,48 r r 1B2'7':7C117172r20pBM'vmes+ola Gl111tJMr 375.00 -1 fi9.$8 REFUND -283,11 U81 TAXES 140p.00 UBI TAXES 850.00 OPERATING EXPENSES 30000.00 LICENSE FEES Boo.oo AUDIT 2100.00 -4936.02 ICE TIME RENTAL 5937.50 ICE TIME RENTAL 9965.00 ~ 'd OI OS '~N fl I1 N~~dfl A NaA~ I S W~tiO ~ l 901. '7.l '~ a(i City Council Agenda - 04/14/08 SL. Consideration to annrove the Reaffirmation and Reinstatement of Assignment of Contract for Private Develo ment b Front Porch Assaciates LTD• First National Bank of Elk River• Ci of Monticello EDA• and Ci of Monticello. (O.K.) A. Reference and Back round. The First National Bank of Elk River has requested the City of Monticello and City of Monticello Economic Development Authority (EDA) approve and execute this Reaffirmation and Reinstatement of Assignment of Contract for Private Development. The document simply reaffirms and restates the continuation of the terms and conditions of the Assignment notwithstanding the extension of the maturity date afthe Note to April 1, 2011. The Assignment dated Apri124, 2002, assigned the payments on the tax increment pay-as-you- go note from Front Porch Associates, LTD to First National Bank of Elk River. At the EDA meeting of Apri19, 2008, The EDA commissioners approved the Reaffirmation and Reinstatement of Assignment of Contract for Private Development subject to final review by EDA legal counsel. The EDA Executive Director heard from the EDA Attorney on April 10, 2008. Attorney Martha Ingram reported the document prepared by the Attorney far the Bank looked fine and recommended placing on the City Council consent agenda for approval. The City Council is requested to consider the following actions. B. Alternative Action: A motion to approve the Reaffirmation and Reinstatement for Assignment of Contract for Private Development by Front Porch Associates, LTD; First National Bank of Elk River; City of Monticello EDA; and City of Monticello. 2. A motion to deny approval of the Reaffirmation and Reinstatement for Assignment of Contract for Private Development by Front Porch Associates, LTD; First National Bank of Elk River; City of Monticello EDA; and City of Monticello. 3. A motion to table. C. Staff Recommendation: City Administrator O'Neill and EDA Executive Director recommend Alternative No. 1 consistent with the EDA Attorney recommendation. City Council Agenda - 04/14/08 D. SuQ oQ rtin~ Data: Document for approval. Attached documentation REAFFIRMATION AND REINSTATEMENT OF ASSIGNMENT OF CONTRACT FOR PRIVATE DEVELOPMENT This Reaffirmation and Reinstatement of Assignment of Contract for Private Development is executed and delivered as of the day of April, 2008, by FRONT PORCH ASSOCIATES, LTD., a Minnesota corporation (the "Developer"), FIRST NATIONAL BANK OF ELK RIVER, a United States banking corporation (the "Lender"), and CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (the "EDA"), and CITY OF MONTICELLO, a Minnesota municipal corporation (the "City"). RECITALS A. The Housing and Redevelopment Authority in and for the City of Monticello (the "HRA"), the City, and the Developer previously entered in that certain Contract for Private Development dated on or about May 1, 2002, as amended by that certain First Amendment to Contract for Private Development dated January 13, 2003 (the "Contract"). B. The Developer, the HRA, the City and the Lender previously executed and delivered that certain Assignment of Contract for Private Development, dated on or about April 24, 2002, as thereafter modified (the "Assignment"), by which the Contract was collaterally assigned by the Developer to the Lender. All capitalized terms used and not defined in this Reaffirmation and Reinstatement shall have the meanings assigned to them in the Assignment. C. The Assignment was given in favor of the Lender in order secure repayment of that certain Pronnissory Note, dated April 24, 2002, executed and delivered by the Developer to the Lender, in the original principal amount of $220,000.00, as thereafter modified, including that that certain Allonge dated April 22, 2005 (the "Note"). D. On or about November 7, 2007, the Contract was assigned by the HRA to the EDA. In addition, on about January of 2008, the Contract was further modified in accordance with that certain Second Amendment to Contract for Private Development. E. The Developer has requested that the Lander extend the maturity date of the Note to April 1, 2011. F. The parties intend that the Assignment remain in full force and effect, and continue to secure to Lender repayment ofthe Note, notwithstanding the above described modifications to the Contract and notwithstanding the assignment of the Contract by the HRA to the EDA. G. The Lender is willing to extend the maturity date of the Note, provided the other parties to the Assignment execute and deliver this Reaffirmation and. Reinstatement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and other goad and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: Reaffirmation and Reinstatement of Assi nment. Developer, EDA and City hereby acknowledge and agree that all of the terms and conditions of the Assignment shall remain in full force and effect notwithstanding the extension of the maturity date of the Note to April 1, 201 1. Developer, EDA and City fixrther hereby reaffirm and reinstate the terms and conditions of the Assignment. Without limiting the generality of the foregoing, the Developer hereby authorizes and directs the EDA and City to pay all Reimbursements directly to the Lender on account of the Contract. The Lender shall have the right and shall be entitled, sa long as any indebtedness under the Note remains outstanding, to receive and collect all Reimbursements under the Contract in accordance with its terms, and the foregoing authorization and directive given by Developer is absolute and irrevocable. 1N WITNESS WHEREOF, the parties have executed this Reaffirmation and Reinstatement as of the day and year first above written. DEVELOPER: FRONT PORCH ASSOCIATES, LTD., a Minnesota corporation By Michael L. Cyr Its President CITY: CITY OF MONTICELLO, a Minnesota municipal corporation By Its Mayor By Its Administrator LENDER: FIRST NATIONAL BANK OF ELK RIVER, a United States banking corporation By Dawn Berg Its Vice President EDA: CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota By Its President By Its Executive Director 32727/2355504 2 Council Agenda - 04/14/2008 7. Consideration of accepting proposal for Sunset Ponds Playground Unit with the installation bein a Communi Project with the Ea le Scouts. (T.P) A. BACKGROUND INFORMATION: The Sunset Fonds Development was approved by the City Council in 2003. The development consists of two phases. The first phase of Sunset Ponds was platted with 213 lots, of which 114 are built an. Phase two of the development was platted with 97 lots, of which 201ots have been built on. Combining bath phases, the Sunset Ponds Development is at 55% capacity. It has been a policy of the City of Monticello to develop park land once the development has reached 50% capacity. In the last few months the Forks Commission and Park Staff have been reviewing proposals from various vendors for this park development. Not all proposals followed budget recommendations so the Forks Commission was able to narrow the proposals down to two. Both proposals were in the amount of $52,000, one from Midwest Playscapes and the other from Webber Recreation. The Parks Commission then held a public informational meeting to go over both proposals and to get resident feedback. Fallowing that meeting, Parks Commission selected the proposal from Webber Recreation for their play system in the amount of $52,000. Webber Recreations comes highly recommended and they built the play system in Ellison Park that we have been pleased with. Furthermore, Webber's system offered more value for the money. a. Budget Impact: The Parks Department planned on constructing Sunset Ponds Park in 2007, but contractor issues with the development of the park were not fulfilled until November 30, 2007. The 2007 Park Budget has funds in the amount of $52,990 set aside for the development of the park. During 2008 budget staff meetings park staff asked if we could put the $52,990 in a reserve account. The money was properly set aside for the park in a reserve account for 2008. In addition to the reserve account we also budgeted $20,000 for 2008 to develop the park. So in 2008, total funds set aside for the play system and development of Sunset Ponds Park are at $72,990. The two proposals considered by Parks Commission were within budget at $52,000. Parks Commission and Park Staff strongly agree that Webber Recreation's proposal offered more equipment than the other proposal from Midwest Playscapes. b. Staff Workload Impact: It has been the goal of the Monticello Parks Department to maintain strong community involvement with both the old and new parks. This project will be an Eagle Scout project just like Hillcrest Park last year. The installation will be supervised by Parks Staff and Webber Recreation. Due to the size of the play structure the installation will take a few days. B. ALTERNATIVES: 1. The first alternative would be to approve the proposal from Webber Recreation in the amount of $52,000 far the playground system for Sunset Ponds Park with the installation being a Community Project with the Eagle Scouts. 2. The second alternative would be not to proceed with the project in 2008. Council Meeting - 04/14/2008 C. STAFF RECOMMENDATION: It is a recommendation of the Parks Commission and the Park Superintendent that the City Council accept the proposal from Webber Recreation for the playground system in Sunset Ponds Park with the installation being a Community Project with the Eagle Scouts. One of the finest playgrounds in our park system located in Ellison Park was constructed by Webber Recreation. Park staff followed up on references for Webber Recreation and all were positive. D. SUPPORTING DATA: Copy of Proposal from Webber Recreation; Copy of Proposal from Midwest Playscapes; Aerial map of Sunset Ponds showing park location; Drawings of park plans; Drawings of playground layout; photo of playground unit from Webber Recreation. v ~ wm '~ _ wtoiinii it • . e . ~. .. ~ ~ ~ y''. ~~~~ ~ ~ ~ ~`~ ~ Equipment Quotation -: ~_° ~ Quote Number: L3080028 ~ ~' ~ ~Y ~ Quote Date: 02/29/2008 RECREATION EQUIPMENT COMPANY Customer Number SS36K05 Sales Representative Terms of Sale: Net 30 Jay Webber Customer Class: I .Parks & Rec Shipping Method: Miracle 1442 Brooke Court Freight Terms: Prepaid Hastings, MN 55033-3266 Approximate Ship Date: ASAP Phone: (651) 438-3630 Fax: (651) 438-3939 Oust PQ Num: Option I Prepared CITY OF MDNTICELLO-PARKS DE For: 909 Golf Couse Road MONTCELLO, MN 55362 Payment) Tom Pawelk (763) 271-3276 Accounting Contact: Quantity 1 1 1 1 1 1 4 2 2 1 1 l 1 1 1 1 I 1 l 1 1 1 1 1 l 1 l Item Number 4424 7145019 7145029 71.45039 71453869 7145523 7145733 7145743 7145753 7147142HB 7147155 7147196 7147239 7147275 71.4731 714734 7147342 71474969 7147526 71475726 71477065 7147709 714781 714808 7148096 7L48172B 7148624 Location: CITY OF MONTICELLO-PARKS DE 909 Golf Couse Road MONTCELLO, MN 55362 Shipping/ Tom Pawelk (763) 271-3276 Delivery Contact: Description WEBSCAPES PEGASUS 4M ACTIVITY NET TRIANGLE DECK (ATTACHES TO 3 POSTS) SQUARE DECK (ATTACHES TO 4 POSTS) i/2 HEX FULL DECK (ATTACHES TO 4 POSTS) CST 6'6" OCTAGON DECK FOR ROOF 5" OD X 136" POST (3' TO 5' DECKS) 5" OD X 168" POST FOR ROOF (3'6"-5' DECK) 5" OD X 186" POST FOR ROOF (5'6"-6'6" DECK) 5" OD X 196" POST FLIPPO ROOF (USE 2 ONLY) FIRE TRUCK , 1/2 PANEL (BELOW DECK) JUMP PANEL (5' DECK) CLIFF CLIMBER (6'6" DECK) 8' BURMA BRIDGE GROOVE SLIDE-ONE PIECE (5' DECK) TRAP DOOR CLIMBER (3' & 5' DECK) SAFETY PANEL AGES 5-12, FREE STANDING SAFETY PANEL AGES 2-12, FREE STANDING 6'6" TYPHOON SLIDE 405 D (6' & 6'6" DK) BIG KAHUNA CLIMBER GROUND TO 6'6" DECK SLOPED CLIMBING WALL (6'6" DECK) FLIPPOPOTAMUS SLIDE (6'6" DECK) FLIPPOPOTAMUS ROOF DIP STATION CLIMBING POLE (3', 5' OR 6'6" DECK) TENSILE TOWER (6'6" DECK) BENCH PANEL (BELOW DECK) ROOF FOR SQUARE DECK, PERF STEEL Rep #: 13 Order #: 13080028 Fage 1 of 3 Quantity Item Number Description 1 7148628 ROOF FOR OCTAGON DECK, PERF STEEL 1 71496559 TRANSFER POINT W/SINGLE STEP (S' DECK) 1 7149922 LOOKOUT TOWER 1 71499226 COMMAND POST W/WHEEL 1 7149939E ADA STAIR BTWN DECKS W/1'6" RISE, EXT. 1 714994E FUN FONES ABOVE DECK TO GROUND 1 7149942 FUN FONE PRICE INCLUDED IN 714994 50 44012r 6' MIRACLE TIMBER 12" HIGH W/2 30" STAKES-RB 1 960 LUCKY THE LADY BUG "C" SPRING RIDER 1 2720 SWG PART THERAPEUTIC SEAT W/CHAIN (8' TR) 4 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 1 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 1 7147352HHX 5" OD ADD-A-BAY 8' TR (2) THERA SEAT REQ MC 1 7147354 5" OD SINGLE POST SWG FRAME ONLY 4 SEATS REQ' 2 7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 7185029 SQUARE DECK (ATTACHES TO 4 POSTS) 2 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) 4 718573 3 1/2" OD X 162" POST FOR ROOF (3'6" TO 5'DK) 1 718700 S' SIDE-BY-SIDE SLIDE W/CANOPY (3' DECK) 1 7188161 WIRE MESH ENCLOSURE 1 718850 CHAMELEON SLIDE ENTRY & EXTI' SECTION 2 7188502 CHAMELEON SLIDE RIGHT TURN SECTION 1 7188502 CHAM EXIT SECTION PRICE INCL IN 718850 1 7188614 SQUARE ROOF, DOUBLE WALL 1 7189165 TENSILE LADDER (3, 4, OR 5' DECK) 1 718965359 TRANSFER FOINT OPEN HANDRAIL (3' DECK) 1 7189791 FIRE TRUCK PANEL W/WHEEL (RED ONLY) Equipment Total: $67,413.00 Freight: $3,978.00 Installation: $2,400.00 Discount: $25,569.40 Other Charge: $800.00 SubTotal: $49,021.b0 Tax: $2,978.40 Grand Total: $52,000.00 Notes: Other Charges include: 1-Skate Ride. Installation is for 1 supervisor. Rep #: 13 Order #: 13080028 Page 2 of 3 Thank you For the opportunity to provide this quote! Your Exclusive Sales Representative I hereby authorize Miracle Recreation Equipment Company to ship the equipment listed above for which I agree to pay the total amount specified. I will be responsible for receiving all merchandise from the Miracle truck. Payment terms are Net-30 days from invoice date with approved credit. Non- taxable customers will provide proper tax exemption certificate to Miracle Recreation. Purchase orders and payments should be matte payable to the order of Miracle Recreation Equipment Company. Accepted By Printed Name Date Rep #: 13 Order #: 13080028 Page 3 of 3 z 0 a r~~J ~_ J Y Q a D Z O a H W H 2 ^ ~ SUPPORTING DATA ~~ ~~ Ci ~ :~ ~a ,~8 y Y~ b~ y T ~ y S ~ r ~ y~ ~~ ~~ ~~~=~ r~ ~ ~~ V ~~ ~ ~ f ~~~ ~ r~ ~~ y ~~ fy ~ y ~ 0 0 ~ ~~ ~~ ~ ~ ~ N ~ ~ ~~ ~rt a a a (~ ~ O 7 f~~ n ~ ~ ~ '~~ ~~~ ~~ r ~ ~~~ ~ ~ ~ A ~ ~~ ~ N~ ~ ~ ~ ~ ~ fn ~~ ~~~ y Q ~ =S °w ~ m ~ w ~, W n w~ ~ E ~~ ~ N N O ~ n r O m cn ~:. ~ ,~ ' L '1 I _ L +~ I / Ir ~ F _ '.F ~3 E Pp ~ ^~~ J~ _ _ }~ ~ , I u ~ t ~~ 15 ~ NNr~r - - --~ I - ~ .I ti °w ~ ," GI ~ ~ ~ ^~I I ,l 'I ~ " ~' `; \ v ~ W~i d 3a ~ ~ ~~ 1,M P~N ~ - e3 N `_ ~ ~mp ~~ ~ _ c ~ I ~S ~I a '3 ri u~ +4 ~k '}- l Ilql Y ~ n~ Y ~eq l ~~ 1,•, ~(~ I' ~ ` \ nn ~ ~ II I II4f4f `5 N "N~n 9F ,. ..` ~ ~~ ~~u.., ~n.I I ~ W ~ ~ 2 / x `~It ~~li~^~1 r-~r-~ - ~-~/'~k r~ ~\ ~~ ~~ / PROPCS~ r \~ I ° ~ ~c ~ 7 N ~ r' ~ ~\ / ~ PLAYGRpL'ND lINR ~,~ ~, ~ I f t ~I ,~ ~ ~ _ ~~.o ~~ H~o r I ~ I~ ~a ~` I ~ I ill ~^" ',~ ® ~~ RAr nAr lAr nor Mr ~ _ I I _ ~ 4i 1 ~ I A ~ ~ I ~ ~ ~o ~ ~ I J I ~ tf4 ~~~,q II b ~a v ~~~ _~~til~~1L 11 1 x N> _ 1 ~ p II 1 ~~I ~~ - '~3 f ~ r- -- J uJJ pp E .. 11 N~ Jg_J ~tla C9 ~ 4L ~~ I j~'Ic3 vN, ~-.ll p~ a"dg 5~ 1 ~. ^~.•~r° y' S~ p~ ¢ I i ~ ~ p [r' , 11 y ~ "" -^ ~' s 5~a I a I II I` pl ~~ ~,Y~ % . N cD ~ '~y ~I' ~ ' '7 r ~ ~7~ ~~ .b ~ r~•e ~ F(.Ar FUr nAr hAr FLAP ~ G ~ ~ ~ Ir,~ ! i r nAr ins iru ins T+ ! 'o.~r ~.~H f e I 1 uV .~.~.. I I ~~ I f~ I I` ~ 'i ~` -» I I - % a ~ J ~ ~ I ~ , ~~ ~ ~ ~-,~ t TaIAnF~nnA• INC. Fax: 9 5 2 1'"R 4 9 ~h~F~INEST PLA'ISCAPES, ~v~vr~~v~~~- - - -_ - Toll Free: 8 0 0 -~ ~ S ~ ~00 Pine Street, Suite 104, Chaska, MN 55318 v w w. m i d w e s t p l a y s c a p e s. c o m E-mail: p~ayscapes@earthlink.net Quotation _ _ _. __ __ __ Project: City of Monticello/ Sunset Ponds Phone: - Contact: Tom Pawelk Fax: Ship To: Bill To: 909 Golf Course Rd Monticello MN 55362 Emaii: tom. awelk ci.mn.monticello.mn.us Shipping Contact Name: Tom ©763-271-3276 Date: 2/5/2008 Qty Design/Item # Description Price each Total 1 080331 Playworld Systems Play Area Includes: Ages 5-12 Playmaker Playstructure $ 44,205.00 Loppy Whoop $ 1,199.00 Standard 3 Bay Swing (1-ado, 1-bucket, 4-belt seats) $ 2,564.00 Playground Rules Sign (not on deign) $ 449.00 Recycled Plastic Border Timber $ 3,212.00 ~20cu yrds Resilient Wood Carpet Surfacing $ 3,266.00 Discount $ (1 1,100.24) Pricing is for 2007 `~ Subtotal $ 43,794.76 `~ Freight $ 2,253.84 Sales Tax $ 2,993.16 Sup. Install. $ 3,015.58 _ __._._ Total $ 52,000.0 I~iLESS OTHERWISE NOTED, prices shown are material only. They DQ NOT include: assembly, installation, border, safety surfacing, rain tile, Deo[extile fabric, removal of existing equipment, site preparation, excavation or site restoration, unloading of equipment, disposal of ackaging material, storage of equipment, additional insurance and bonding would 6e extra, unless otherwise stated above. If playground auipment or materials are stored off site, customer is responsible for transporting equipment [o job site. ricer firm far 30 days, subject to review thereafter. Our terms are net 30. Afrnance charge ojl.S% wit[ be imposed on the outstanding balance unpaid ~r mpre than 30 days after the shipment of materials.Once customer has signed quotation, your order cannot be changed or canceled. Please a/[ow 3 to 4 eeks far delivery after receipt of order. Standard manufacturing design, specification, and construction apply unless noted otherwise. 'ustamer is responsible jar the identification of all underground utilities. Area must be accessible to Bobcat and other equipment ~cessary far insm[lation or additional fees wi/! be charged. Freight quote is based on customer unloading equipment and Necking in all equipment for any missing parts. /f product is refused by customer upon delivery for any reason (unless damaged), without prior mrthori=atipn from ~blidtvest Playscaper, /nc., the customer agrees to pay ?(1°o resrocking fee plus freight charges. .lve can be ojOther Assi ante. plea ~ el free ro contact us. igned: Accepted r /aniel Lanes bate: r ~' r f!1 W O Q N } J a. N, ,:~ n ~ ,Y~ ~ a ~ ~ ~ . .~,~ ~ ° 4 r ~ a fm ~ ~ II ~ ~ 0. } v~l g~',._hJ, Y ~ 1 z ~ ~ Z N CV W a W d ~ U ~ `~ } dz " ~ y h ~~_ ~~ z ^ d x g ~{~ ~ V ~ ~ c~ ~ a W ^ u g N S ~ ~ w~ ~~ ~ ~ ~ e ~ ~ ~~~~6~~ 'ffi8~~~ .~ ~~~~ ~a ~~ ~ ~~~ r ~ 3 ~~~_~ Q~s ~~~~~~~ 9~~W~~ ~ ~~~~~~ ~~^~a~E~~~A~~a~~~~~~~~~~~~~~~~~ ~ M~z~ ~ ~n ~a ~~ ~~~~~~~ g ~~~~~~~s ~'~ n M~ n a' G'a a ~~~~ ']^inrv~ b ~ ~ ~~ ~ ~~ r ~N w~~ r ~ w~~* -~ ~ ~~ ~ ~~ . , ~ ^ i ~ b ~ ~ ~ a b ~ ~ ~~ ~ ~ ~h2 a ~4 ~~ ~ • ~~. ~y MIMI ~'~~ .J 9 Nr'~~ ~3 Nl. a ~ , ~ ~% ~ ~~ ~ ~~ ~ ~~ ~~ ~ ~ ~~~ ~~~~ 3 ~ / ~__ - ~_ h e 'Ajr/ 1..~ J J ~ W _U Z O 0 ~~ a ~ ~"''m ~ ~~~~ r ~ c ~ `~' ~r a ~9 a w x ~ E ~ y m ~ r LL ~ x .- ~ x ~+ E ~ x ~ E s °j a U u~ ti LL ~ x~ ~ ° x M ~ N ~ a ~ ® ~ 5 n ~ ~ ~ <+ ~ ~ T ~ x ui e m ~ ~ T A yyy ~ G N G 6 U a V7.~. ~ U m 3 m J ~^ 0 ~e pp d ~~ - N '•Qy. 1 ~ ~+' ~'r~ Ti % ~ • [ ~_ ~ ~q w 3, ~ U s~a ~~ @ ~ ~. ii ~ ~ ~.1~ ' ~ l m a g jr-°~1n ~`~.~ ~ fel~l,~~t ~``:.~ ~~ ~a.x o ~ ro g ~~il m 'i ?~ ~ a ~^~' ark Commission Minutes: 3/6/08 ~r~,~ ~~ felt su lies to construct the stora e shed could e m there. Parks De artment staff would be constructing the stora es hed. ~ p g ' ~ 've From the Parks Commission to ser_ve~on an ad onsideration of a nomt~n~ a renresentaty,, , „___ hoc committee to review the res onses to the RFP's for a Natural Resources Inventory. Brian Stumpf stated. he was serving as Council representative on that committee. It was proposed that the committee would be meeting 3-4 times to review the proposals that are submitted by firms proposing to do the Natural Resources Inventory for the City. Rick Traver volunteered to be the Forks Commission representative with Larry Nolan serving as the backup. 11. Introduction of Mark Larson. At this time the Parks Commission took some time to talk with Mark Larson, who has expressed interest in serving on the Parks Commission and would fill the vacancy left by the resignation of Ben Hitter. The Parks Commission explained the role of the Forks Commission and the type of activities they were involved in. Mr. Larson has been in the construction business far 25 years and he would. like to get involved with things far the family such as parks and recreation. RICK TRAVER MOVED TO RECOMMEND THE APPOINTMENT OF MARK CARSON TO THE PARKS COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF BEN HITTER. GENE EMANUEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ~-0. 12. Consideration of uotes for the lav structure at Sunset Ponds. Tom Pawelk reported he had received quotes from five vendors for the playground equipment at Sunset Ponds and these proposals had. been reviewed by the entire Parks Department staff. With a budget of $52,000 as a parameter, Park Department staff felt two of the five vendors truly met the budget requirement. The five vendors were: Flanagan Sales; Clearwater Recreation; Midwest Playscapes, Webber Recreation and Landscape Structures. Amain consideration for the Parks Department is whether the vendor would allow a supervised installation. The Parks Department had done a supervised installation at Hillcrest Park where a community group such as the scouts would do the work under the supervision of the vendor's representative. The Parks Department Felt strongly this was the way to go for two reasons: 1) Community involvement and 2} Saving of installation costs could be applied towards additional equipment. Midwest Playscapes and Webber Recreation were the vendors that provide supervised installation. Midwest Playscapes was the firm that did the supervised installation at the Hillcrest Park. The Parks Department felt this was a very reputable firm that had good quality playground equipment. Webber Recreation who handles the Miracle Recreation Equipment was the other firm who did supervised installation. Although the City has not had any experience with this firm as far as the supervised installation, the Miracle Recreation Equipment was installed in EIlison Park almost ten years ago and is still in excellent condition. Tam Pawelk indicated that the scouts would be available to work on this project. The Parks Commission reviewed the play structure layouts from the various vendors and agreed with the Parks Department that it made sense to go with a firm that provided a supervised 4 Park Commission Minutes: 3/6/08 installation. Larry Nolan and Rick Traver favored Webber Recreation based on the quality of their product. Tom Pawelk pointed out that both Midwest Playscapes and Webber Recreation had their equipment in Monticello parks but the only supervised installation experience the City had was with Midwest Playscapes. Gene Emanuel suggested getting some references from other communities as far as their experience with the supervised installation done by Webber Recreation. The consensus of the Parks Commission was to go with the proposal from Webber Recreation. The Parks Commission then discussed scheduling the meeting with the Sunset Ponds residents to let them review the park development plan and provide comment on it. It is proposed to have this part of the next regular Parks Commission meeting on March 27, 200$. Tom Pawelk informed the Parks Commission that he had applied for a grant an another piece of park equipment but has not yet heard back on it. 13. Park Maintenance. The park maintenance information was submitted in a new format which provided a daily list of what was worked on. Tom Pawelk stated that he is requesting the Council at their March l Ocn meeting to consider the purchase of a used 1999 MT 5 Trackless which will be used for removing snow on the sidewalks and pathways. The 1985 MT 3 Trackless is in poor condition and to bring up to operating condition would cost over $21,000_ The used 1999 MT 5 Trackless would cost $30,000 not including sales tax. Tom Pawelk explained how the equipment was used and the number of hours used. This was a good year far the skating facilities since the weather was more conducive for it. Tam Pawelk stated that he will probably be changing the hours somewhat for next year with the hours the attendants are on duty starting a little later since skaters were not coming until later. U_ _ pdate: Lany Nolan reported that bonding bill which includes the $8,000,000 for the YMCA purchase is in committee and is being moved through the legislative process. Brian Stumpf indicated that he contacted his uncle who is a representative to let him know the significance of this bill far the City of Monticello. Tam Fawelk and Marc Mattice, Wright County Park Superintendent testified before an Environmental Committee and a majority of the committee members had actually visited the YMCA site. 14. Adiourn. RICK TRAVER MOVED TO ADJOURN AT 6 P.M. LARRY NOLAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0. Recording Secretary City Council Agenda - 04/14/08 8. Consideration of ado tin ordinance amendment re ulatin construction and develo ment repuirin~ grading, drainage and erosion plans, controls and permits. (AS) A. REFERENCE AND BACKGROUND At its March 10th meeting, the City Council tabled action on this item to allow staff time to address concerns expressed by the public regarding the permit area requirements, definitions and MPCA regulations. Since that time, staff has reviewed MPCA regulations and determined that the definitions contained within the City's proposed ordinances are consistent with MPCA definitions. Additionally, the City's SWPPP, which has been submitted to the MPCA for approval, specifically requires that the City adopt its awn erosion control ordinance as a supporting measure. In relationship to the area/volume requirements for permit, staff and the Planning Commission support the limits as noted. The area trigger has been adjusted to 5,000 square feet. The limits set an appropriate standard for reviewing impacts to soil and water resources. The City Engineer has also reviewed the review period specified within the ordinance, which is set at a maximum of 15 days, and believes that to be a reasonable amount of time for thorough review of grading plans. As noted previously, staff held a meeting to review the ordinance in terms of implementation and enforcement. The proposed ordinance within this agenda includes revisions to the enforcement portion of the ordinance consistent with the implementation review. These changes make the document read more clearly for both the development community and City staff. At their March 4th meeting, the Planning Commission reviewed the revised ordinance and recommended approval unanimously. At this time, the City Council is asked to review and approve the adoption of the proposed ordinance, as well as a corresponding summary (for publication purposes) and related amendments striking redundant language from the current Zoning Ordinance. Staff s report from December 2007 is provided below for further reference. Flanning Commission is asked to consider an amendment to the Monticello Zoning Ordinance for the regulation of grading and erosion control. The ordinance amendment proposed consists of a new chapter specific to the regulation of grading and erosion control, as well as amendments to the current ordinance for consistency with the new chapter. The purpose of the ordinance is to consolidate existing practices in order to better address the environmental issues created by the disturbance of soil. The ordinance is intended to safeguard water quality and aid in the preservation and maintenance of land cover as appropriate during developxxaent. The ordinance also brings the City in line with state and federal regulations. Development of this ordinance is one of the requirements identified in the City's Storm Water Pollution Prevention Plan (SWPPP) for Construction Site Storm Water Runoff Control. The development of this ordinance has been ayear-long process of research and development, which has included both staff and the development community. City Council Agenda - 04/14/08 To date, Monticello's regulation of grading and erosion has been contained in various documents and policies. Current regulations are also somewhat inconsistent, due to lack of uniform definitions of control measures and implementation. The City is seeking to condense current practice into one standard, making regulation more practical for both the City and the development community. The ordinance covers the following areas: • Application • Application requirements • General standards • Inspection • Enforcement measures For the most part, the ordinance proposed represents current City policy, with some exceptions. Perhaps the most notable change is related to the standard for permit. Currently, the City requires no permit for grading under 400 cubic yards of material. For reference, 400 cubic yards is approximately equivalent of 40 dump trucks of material. In developing the ordinance, City staff felt some circumstances would require the review of projects which may disturb less ground cover than this previous standard. This is particularly true for developed areas. As such, the proposed permit criteria include both volume and area triggers, as well as a requirement for disturbances adjacent to waterways. Grading development in these areas may currently fall below under either the volume or area requirement. Other modifications to current practice include the requirement for individual site developers (most often general contractors/builders) to supply a security guaranteeing maintenance of on-site prevention measures and clean-up during construction. While the City has and will continue to hold a security with an overall site developer, it is critical to be able to handle on-site issues as quickly as possible. An individual security makes that communication possible. For example, the City holds a letter of credit from a developer, guaranteeing development-wide erosion control and conformance to the grading plan for residential projects such as Hunters Crossing. However, to-date the City has held no security from an individual lot developer. If a subcontractor for a home project within Hunters Crossing destroys silt fence or drags silt onto the street, the City had to contact the developer, and then in turn the developer contacted the builder. To streamline the process, the securities are held with both to ensure compliance and direct communication. The ordinance refers in many locations to the Plan Requirements and Design Guidelines (aka the Design Manual). The ordinance does not provide detailed specification information for erosion and grading measures, as those requirements are covered in the Plan Requirements and Design Guidelines, which reference the City Specifications For Street and Utility Construction, a specifications book published by the City of Monticello. The City specifications are provided to all contractors working on projects within the City. The inclusion of detailed specifications within that document, rather than the ordinance, serves two purposes. First, because the City specifications are updated annually, they are current and consistent with new development practices and state and federal regulations. Second, it eliminates the need for the ordinance to be continually updated in response to those changes. The City will be completing updates to the Plan Requirements and Design Guidelines in support of this ordinance. in meetings with builders, many ideas came forward on modifications needed to 2 City Council Agenda - 04/14/08 support best management practices for grading and erosion control. Those are very detailed specifications that are better suited to the manual for reasons noted above. Other practices and requirements outlined within the ordinance are those currently being used by the City of Monticello at various stages of the development process. The items being deleted from the current ordinance are incorporated into the proposed ordinance, or will be incorporated into the Design Manual as part of the revisions associated with the addition of the Grading and Erosion Control ordinance. In summary, the proposed ordinance changes help formalize current practice so that the development community has a clear guideline for what to expect, and what expectations are, for grading and erasion control within the City. Ultimately, the goal of the ordinance is better communication regarding grading and erosion control at all levels of the development process. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. Motion to approve an ordinance amendment adopting Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding aarnendrnents, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources. 2. Motion to approve an ordinance amendment adopting Chapter 33 of the Monticello Zoning Ordinance far Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources, subject to the following modifications (to be made by the City Council). Motion to recommend denial of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding to be made by the City Council). 4. Motion to table action. C. STAFF RECOMMENDATION Staff recommends alternative 1 above. The revisions made to the proposed ordinance reinforce the goal of providing s document that is clear for all parties in its application and implementation. D. SUPPORTING DATA A. Ordinance Resolution -Full B. Ordinance Resolution -Summary (for publication) C. Ordinance Resolution -Amendments to Existing Ordinance 3 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING CONSTRUCTION AND DEVELOPMENT, REQUIRING GRADING, DRAINAGE AND EROSION PLANS, CONTROLS AND PERMITS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. The City of Monticello Zoning Ordinance is amended by adding the following Chapter: 33-1: PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. 33-2: DEFINITIONS [AA] As-Built Plans Record drawings of approved and as constructed improvements. [AB] Sest Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. [AC] City Engineer A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. [AD] Clearing Any activity that removes the vegetative surface cover. [AE] Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. [AF] Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. [AG] Dewatering The removal of water For construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. [AH] Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. [AI] Erosion Control Inspector A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. [AJ] Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. [AK] Final Stabilization: a. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. For individual lots in residential construction by either: (a) The homebuilder completing final stabilization as specified above, or (b) the homebuilder establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and information the homeowner of the need for, and benefits of, final stabilization. [AL] Grading Excavation or fill of material, including the resulting conditions thereof. [AM] Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". 2 [AN] Grading, Drainage and Erasion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines". [AO] Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. [AP] National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [AQ] Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. [AR] Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. [AS] Permittee Applicant for and recipient of approved Grading, Drainage and Erosion Control Permit. [AT] Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. [AU] Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. [AV] Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Monticello or other state or federal agencies. [AW] Rarxgh Grade Excavation or fill of material to a condition suitable for general maintenance. [AX] Sediment Control Measures and methods employed to prevent sediment from leaving the site. (AY] Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. 3 [AZ] Site Development Construction or alteration of ground. [BA] Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. [BB] Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. [BC] Start of Construction The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; [BD] Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. [BE] Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. [BF] Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. [BG] Temporary Erosion Control Methods employed to prevent erosion on a temporary basis. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. [BF] Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. [BG] Water Conveyance System Any channel that conveys surface runoff throughout the site. [BH] Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. 4 33-3: PERMITS [A] APPROVAL: No person shall be granted a Grading, Drainage and Erosion Control Permit ("Grading Perrr~it") for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Monticello. 1. 5000 square feet. 2. 400 cubic yards undeveloped land, or 40 cubic yards developed land. 3. Within 200 feet of a waterway or surface water(s). [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [C] APPLICATION REQUIREMENTS: l . Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance and paragraph [D] below. 3. A Grading, Drainage and Erosion Control Flan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required nnater~als as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Drainage and Erosion Control Plan. 5. In the case of grading specific to and in conjunction with a single Building Permit, a separate Grading Permit is not required. The Building Permit shall be reviwed and serve as the Grading Permit. [D] SECURITY: 1. The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. This security shall be in 5 addition to the required non-refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Said security shall be provided prior to the release of the Grading Permit. b. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the City of Monticello and deemed to be approved. 2. Individual lot permittee shall be required to provide a bond or other improvement security with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. Said security shall be provided prior to the release of the Grading Permit. b. The security shall be released after turf is established as specified in the City Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City of Monticello and deemed to be appraved. [E} PROCEDURE: The City of Monticello will review each application for Grading Fermit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. Upon complete application, the City of 1Vlonticello shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as maybe necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; ar 3. Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Monticello Zoning Ordinance. 33-4: GRADING, DRAINAGE AND EROSION CONTROL PLAN REQUIREMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, 6 Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the following, as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans maybe required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. S. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3 [E] of this regulation, maybe authorized by the City of Monticello by written authorization to the permittee, and shall include: a. Major amendments to the erosion and sediment control plan submitted to the City of Monticello. b. Field modifications of a minor nature. 33-5: CONSTRUCTION REQUII2EMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Flan Requirements and Design Guidelines. 7 2. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Monticello. 5. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Monticello may require the site to be reseeded or anon-vegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of--way or waterways is prohibited. 10. The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in-channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s) shall implement the following pollution prevention management measures on the site: 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. Z. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 33-6: INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows and as applicable. To obtain inspections, the perrnittee shall notify the City of Monticello at least one working day before the following: 1. Installation of sediment and erosion control measures 2. Start of construction or site development 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. [D] PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need 9 for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section D. 33-7: SITE MAINTENANCE [A] RESPONSIBILITIES: Within 24 hours, the pernuttee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [B] No development, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Ordinance. 33-8: CERTIFICATION [A] APPROVED GRADING, DRAINAGE AND EROSION CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer or Chief Building Official, as applicable, shall be maintained at the site during the progress of the work. [B} AS-BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As-Built Grading Plan and As-Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for specifications. 10 33-9: ENFORCEMENT [A] NOTICE OF VIOLATION 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City shall issue a Notice of Violation. The Notice of Violation shall detail the default and prescribe a remedy and required schedule for compliance. [B] LAPSE AND ORDER FOR WORK 1. If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs. 2. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. [C] STOP WORK ORDER/REVOCATION OF GRADING PERMIT. In the event that any person holding a Grading Fermit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the Grading Permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. [D] VIOLATION AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to ar in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. 33-10: SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 11 SECTION 2. Section 3-2[E] of the Monticello Zoning Ordinance- DRAINAGE FLANS is hereby deleted. SECTION 3. Section 3-6A of the Monticello Zoning Ordinance- GRADING is hereby deleted. SECTION 4. Section , of Ordinance ,establishing fees and charges, is hereby amended to add or revise the following fees regarding Grading Fermits: [Insert fee amendments here. SECTION S. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication. ADOPTED by the Monticello City Council this _ day of , 200$. CITY OF MONTICELLO sy: Clint Herbst, Mayor ATTEST: Dawn Grossinger, City Clerk 12 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA SUMMARY ORDINANCE NO. AN ORDINANCE REGULATING CONSTRUCTION AND DEVELOPMENT, REQUIRING GRADING, DRAINAGE AND EROSION PLANS, CONTROLS AND PERMITS NOTICE IS HEREBY GIVEN that, on , 2008, Ordinance No. was adopted by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of Ordinance No. ,the following summary of the ordinance has been prepared for publication as authorized by state law. The ordinance adopted by the Council amends the City Zoning Ordinance by adding a new Chapter 33 to regulate construction and development activities. The ordinance specifically provides that any grading, excavating or other activities that uncovers or disturbs more than 2000 square feet, or deposits or distributes fill in excess of 400 cubic yards on undeveloped land ar 40 cubic yards on developed land, or within 200 feet of a waterway or surface water would require a permit. A fee would be charged for the permit, and plans, controls and procedures as specified under the ordinance would be required. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Monticello, Minnesota, this day of , 2008. CITY OF MONTICELLO By: Clint Herbst, Mayor ATTEST: Jeff O'Neill City Administrator 13 ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING DRAINAGE AND GRADING, AMENDING SECTION 3-2[E] end 3-6AOF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-2[E] of the Monticello Zoning Ordinance is hereby amended as follows: ~ _ _ ~:~.,s.,..~... a _ ~. ,.,a;..a~e ~ ' Section 2. Section 3-6A of the Monticello Zoning Ordinance is hereby amended as follows: rv:~ox,,at~ ., ~+~~~~ ,i~~_zcao~ Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication accarding to law. Adopted by the City Council of Monticello, Minnesota on the day of 200$. CITY OF MONTICELLO sy: Mayor Clint Herbst ATTEST By: Jeff O'Neill, City Administratar Council Agenda: 4/14/08 9. Consideration of authorizin the Monticello Fire De artment to re are lens and s ecifications for a new fire truck. (TK) A. REFERENCE AND BACKGROUND: At a previous meeting, the Council did not take action on authorizing the preparation of plans and specifications for a new fire truck until it was known whether there had been adequate funds budgeted for this purpose. I have researched the funding of the fire truck and have found that from 2001 to 2005 the City budget included $35,000 in the Capital Revolving Fund for a total of $175,000. Of that amount $69,076 was spent in 2005 on a truck frame and cab. In 2006 $100,000 was budgeted for a fire truck in the Capital Revolving Fund and $86,810 was spent on the water tank for the truck purchased in 2005. This leaves a balance of $119,114 in the Capital Revolving Fund for the purchase of a fire truck. In 2007 and 2008 the City included $125,000 each year in the fire department budget of the General Fund. None of this money has been spent to date. This will leave the City with a balance of $369,114 by the end of 2008 far the purchase of the new fire truck in the two funds. Based on this, the City's 2009 budget would need to include any cost above $369,114 for the new truck in order to purchase it in 2009. Also if we need to purchase any equipment to equip this new truck we will need to include that in the 2009 budget as well. B. ALTERNATIVE ACTIONS: Authorize the Fire Department to proceed with the preparation of plans and specifications for a new truck with finalized cost estimates to be presented to the City Council prior to advertising for bids. 2. Do not authorize the preparation of plans and specifications at this time. C. STAFF RECOMMENDATION: If the Council believes it is necessary to proceed with the purchase of the truck, it is the recommendation of staff to have the Fire Department move forward with the plans and specifications. D. SUPPORTING DATA: Agenda item from 3/24/08 Council meeting. Council Agenda: 3/24/08 9. Consideration of authorizin the Monticello Fire De artment to Pre are Plans and S ecifications for Fire Truck and a oint one or two members of the Ci Council to site on design committee. A. REFERENCE AND BACKGROUND: City Council is asked to consider giving the go-ahead to the Fire Department to develop plans and specifications for a new fire truck. Funds have been budgeted for this truck over a period of years ($125,000/year) and it is now time to get serious about fallowing through with the design and purchasing process. The Fire Department hopes to have the truck online in 2009. To assist in the design and cast estimating process, the Fire Department requests that one or two members of the City Council be involved. The design process includes working with a truck manufacturer in selecting a basic truck design and components necessary to effectively fulfill the truck's purpose. It is estimated that this effort is not likely to take more than three or four meetings. Steve Joerg will be present at the meeting to further describe the need for this vehicle and will also shed some light on the design process. A.1 Budget Impact: No budget impact for this phase of the design process. B. ALTERNATIVE ACTIONS: Motion to authorize the Fire Department to prepare plans and specifications for purchase of a new fire truck and appoint a member of the City Council to the design committee. If this alternative is selected, the next step is to work with a manufacturer toward development of design specifications and more precise cast estimates. This documentation to be presented to the City Council prior to authorization to advertise for bids. 2. Motion to deny authorization to the Fire Department to prepare plans and specifications for purchase of a new fire truck C. STAFF RECOMMENDATION: Presuming that the City Council believes that it is necessary and appropriate to purchase at truck as anticipated in previous budgets, it is the recommendation of staff to move forward with the design process. 10. Consideration of Roundabout Landscauin~. (TK) A. REFERENCE AND BACKGROUND: The roundabout has been in place since November, 2006. Landscaping elements are part of the recommended design improvements. Staff has reviewed the landscaping plan with County and State Officials and the plan follows their standards for landscaping elements. State standards require/recommend that the view across the roundabout be interrupted. This visual inteixuption serves to encourage drivers to look to the left for vehicles already in the roundabout. In addition the interrupted view discourages accidental traversing directly across the inner circle of the roundabout. A permit will be required from Wright County to complete the plantings. The Parks Department met with the Lions Club regarding the landscaping of the roundabout and the Lions Club has agreed to do the original plantings this spring and passible future trimming of bushes and the tree. Public Works will be responsible for purchasing the landscaping materials and plantings. Public Works will also water the plantings in the six planters as needed. In addition, Public Works will be responsible for removing the planters in the fall for snow plowing and placing them back in the spring. It is estimated that this process will take two Public Works employees 4 hours to complete each of these activities at an estimated cost of $260.00. The landscaping costs for the roundabout area would be charged against the project with funding coming from the consolidated bond fund. These are funds that remained after the improvement bonds were paid off. Since there are na bonds to pay, these funds are available to be used as the City feels is in its best interest. It would be staffs' recommendation to fund the roundabout landscaping from the consolidated bond fund. Staff has estimated the cost for plantings and landscaping the roundabout itself at $4,000.00. In addition, a cost estimate of $4,058.10 for six planters ($3,828.00 plus 230.10 far sales tax), which would be placed on the center isles leading into the roundabout were received. It is also estimated that the plantings for these planters would cost $500.00. Therefore, the total cost estimate to landscape the roundabout area is $8,558.10, which would be charged to the project. Al. Budget Impact: This item was not included in the 2008 budget because the City in the past has not budgeted capital infrastructure improvements. However, the cost could be funded from the consolidated bond fund, which has funds available at this time. A2. Staff Workload Impact: The impact on the staff would be an estimated four hours for two Public Works employees for the removal of the planters each fall so that they are not in the way for snow plowing and replacing them in the spring. Fublic Warks would also be responsible for passible watering of the planters as needed. B. ALTERNATIVE ACTIONS Approve the purchase of the roundabout landscaping at a cost estimate of $8,558.10. 2. Do not approve the roundabout landscaping. C. STAFF RECOMMENDATION: The City staff supports Alternative 1. D. SUPPORTING DATA; Roundabout landscape plan. E-mail from Angela an roundabout plan. Price Estimate on Roundabout Plantings. Price Estimate on Raundabout Flanters. Planter description. City of f~~ontice(lo /../ ^~' ,~, s ~ • J ` ^ 32 - Liairis punctota - potted falazingstar ' 1 - QuerCUS mocrocorpa _ Bur oak 12 - Gornus sericea Red-osier dogwood f ,: ~ 1 . _.... r` ~/ ~~ l~ ~ ~ ~ 9+RCWF~ ~R i i ~ ~ ,1 ~~ r ! ~ V s~ ~ ~ M4~Y .. ! 'i l ~ . ,,. ~ ~ 4 ! ; ~ ~ "~ .-.~ CSAH 18 Rounda~aut .andscape Plan Yir~[S67A R{1EN ROpi / ~~ .,,. t~ W v :~~~ ~., ,~ti wyk ,~~ ~.. _,`r . ~~A ~{ ~,~ fJ~ '~~. ~, ,o' s~~.a ~ =,R~ _~~ . nnr . ,~ . ,s• ~d~ r ~~n~ .~. ,/z- ~. m ~ vrod.r ,t- ti ~~ ~ ~ ~ `; '1 . - ~ ~~~~ f -~ r.^^^~r a s' iv m• ~ I ~~~~r'~~ Prepared by Northwest Associated Gonsultants 11/9/pFi R~wsed 4J25i 07 Rrisad i/R/(1H 2'i -Rosa 'Negrly Wild' - Prairie Rose 10 - Corylus americana - American halzetnut 1'a~r: I a.f 1 Tom Kelly From: Angela Schumann Sent: Tuesday, April 01, 2008 4:14 PM To: Tom Kelly Cc: Jeff D'Neill; Tam Pawelk; Bruce Westby Subject: Roundabout Attachments: Roundabout Plan.pdf Tam, Please find roundabout plan attached. This landscaping plan was developed by landscape architects at NAC, who based the design and plant choices on the Mn/DOT recommendations for roundabouts. The plan has been reviewed and approved by stafif and is ready for Council review. Some notes on the design specifications: The plants were chosen specifically for hardiness in relationship to climate and conditions. This is important due to the amount of snow and salt that will impact these plants. The pavers and retaining wall shown on the plan are not part of the estimated costs, nor are they proposed to be installed with the improvements, as this apron area has already been paved. There is an obstruction in the middle of the roundabout -the bur oak. This feature is recommended by Mn/Dot. The advantage of the tree is to allow far site lines around the roundabout, but also prevent the possibility of drivers proceeding directly through the middle of the roundabout. In relationship to the planting labor -the Parks Department will be assisted by the Monticello Lions in the planting of khe original materials, and the maintenance of annual plantings each year. Angela 5chum~znn Convnunity De~~elt7pnient Cuurc3i.natur City of ~'lunticellu 763-?71 3?~4, ~in~ela.schu~zzai~n~?ci.muntice.llu.rx~n.us 411 %2()Q~ P~t~e 1 of 1 Tom Kelly From: Tom Pawelk Sent: Wednesday, March 26, 2008 6:43 AM To: Tom Kelly Subject: planting Tom The total cost estimate for the round about planting is $q,000A0. This figure is with irrigation, plants, wand chips, rock and etc. I never did email Bruce with the cost I spoke with him over the phone. Have a greak day! ~DG?2 ~e~ City of Monticello Parks Superintendent office (763) 271- 3276 Cell (r 12) 221-7530 Email: tom.pawelk@ci.monticello.mn.us 3i?fi~ 20C)8 s~,~~•~ lvs3 Price 4uotation City of Monticello Attn: Tom Pawelk 909 Golf Course Road Monticello, MN 553fi2 PRQJECT: Round-About Planters C7ate: 3-13-08 Phone: (7ti3y 271»32'76 Email: tom.pawelk@ci.monticella.mn.us INCOMPLIANCE WITH YOUR REQUEST FQR A PRICE QUOTATION ON SITE FURNISHINGS SUPPL1Ea BY WAUSAU TILE, Wf SUBMIT THE FALLOWING: 6 SL403:B1 Signature Line Planter 48" dia. x 18" high (Grey) $ 572.00 each $ 3,540.00 1 FreighC to Monticello, MN 2$8.00 Total 3 828.0 .~r, r. (Note: Special Price, reduced from $ 590.00 each, 4-S week delivery) ., r rc ~ -, All cancelledlreturned orders must receive prior approval. Restocking fee applies to all canceledlretumed orders; freight charges will be mcurrea ror Dorn wa son returnea aeuvenes 30% down payment required an all custom or amodified produets prior to production. Approved sign drawings must include logo/letter colors and logo art~r•ork. TERM NDITI N ; 1. This is a material only proposal. Prices are based on units as listed above. 2. Any increase or decrease of quantities for this project could warrant re-quoting. 3. Sales tax will be included unless a properly executed sales tax exempt certificate is provided to Wausau Tile at: Fax #715-355-4627. 4. Confirming final quantities are the responsibility of the customer, 5. Deliveries must be received during regular business hours. 6. Materials not shipped within 30 days of notification will be subject to skorage charges. 7. Wausau Tile standard payment terms apply. 8. Material proposal is valid far 30 days. 9. Freight rates are based on today's rates and may change duo to fuel surcharge. Rate valid for 30 days. 10. Delivery in one location only unless Hated. 11. Installation & assembly is the responsibility of the consignee. 12. Additional charge of 1Q% for Granitex. 13. Additional charge for Recycled Glass. PURCHASING CONDITITONS: 1. The purchase order and payment should be made out to Wausau Tile. 2. To expedite shipment, please include an address for billing and an address for delivery. Approved by: PLEASE APPROVE AND RETURN SITE FURNISHINGS DIV OF WAUSAU TILE Mark. Wagner -Minnesota Sales Representative waaner.sales(r~comcast.net Cell: 612-889-1530 Fax: 763-521-4714 P4 BOX 1520 -WAUSAU. WISCONSIN 5x402.1520 - 800.388-8728 • Fax 715-355-4627 - www.wausautile.com s/o5 ~` =dii" ',~R,~ ti Nate: Dptions may change without notice. Call to confirm current options. All siting is nominal Weatl~rstone: Sand • Gra • Brawn -Buff -Cream Charcoal - ~rent:h Gray -Brick Red - SoulardGreen Custom Dptions Available Size: 48" Oia. z 18" Weight. 830 Ihs. Material: Reinforced Precast Concrete. Hardware: (4) 112" ~t 2112" sls inserts. Reinforcing: 318" steel reinforcement. Anchoring: Optional. Maintenance: Periodically rinse with water & mild detergent, and re-seal annually. Packaging Banding to pallet optional. One piece construction. Wausau Tips iNC. r C 8ux 1520,~Vk~sau, bvl 54402-1520 ($tlp) 388-8728 ~ t ~ ~ ~~ ~' ` 1.1 SUMMARY A. Section includes: Furnish Precast Concrete Products indicated on drawings or specified herein. rb• a' arm. rwwaa aoir 1R' UHC SIS@ISERiS 1.2 REFERENCES A. Amerman Society far Testing & Material 1. ASTM C33 2. ASTM C150 3. ASTbI C31 1.5 SUBMITTAL5 A. Submit product data, shop drawings and samples, 1. Product Data: Manufacturer's specifications and technical data edited specifically for proposed system, including the following specific information: a. Detailed specification of cnnstruction fabrication. b. Manufacturer's installation instructions c, Maintenance literature d. Product warranty 2, Shop Drawings: Indicate pertinent dimensions, general construction, component connections anchoring methods, hardware and installation procedures. 3. Samples as requested by Architect. 1.6 QUALITY ASSURANCE A. Qualifications of talanufacturer: Manufacturer to be prequalified by specifier prior to bidding. Failure to cnmply will result in disqualification of bid. Manufacturer to have ai leask five years experience in the manufacturer of precast concrete benches field proven for at least five years. 1.10 WARRANTY Manufacturer shall submit a written warranty for precast products for the period of two years upon acceptance of products. 2.1 MANUFACTURERS A. Acceptable manufacturer for Precast Concrete products to be known as Wausau Tile, Inc. P.O.Box 1520 Wausau, WI 54402.1520. j800) 388-8726 (715) 359-3121 FAX (715) 355-4627 B Clarification Note: Drawings and installation specification are based on manufacturers proprietary Nterature from Wausau Tile, Ine. Other manufacturers shall comply with minimum levels ofmaterial and detailing indicated on drawings or specified herein. BOTTOM VIEW PLANTER 18' tom- Ps' ^^-^+-I ELEVATIQN VIEW PLANTER Fh SR' IIRf I LL'PtR: MCfRTC 671' Rf RAR TYI ~- Ps• ---~-~1 SECTION VIEW PLANTER WALISAU 71~.~ tNG. PO Box 152p,W,~usAU, Wt 544Q2-152Q 2.2 MATERIAL5 A. Portland Cement: ASTM C150 specifications far Portland Cement. B Aggregates: Ail aggregates to meet ASTM C33 specifications, to be cleaned of foreign matter and properly graded to size. C Coloring: All Precast products for this project shall be of one manufacturer. (800) 388-8728 -~: TOP VIEW PLANTER Council Agenda: 4/14/08 11. Consideration of accepting study and adopting fording of paV equity and organizational study, associated actions and consideration of adjusting 2007 salary scaled for 2008 (COLA). (JO) A. REFERENCE AND BACKGROUND: Lipuor Store Operation: This information/report provided to the City Council for the meeting on 3/24 is provided as a template for proposed decision making for the meeting on 4/14. It is my understanding that as a result of the information provided on 3/24 the City Council was in general support of many of the ideas presented in the report and supporting table but there were a few notable items of concern that Council requested be rectified in conjunction with final adoption. Those items included analysis of liquor store operation and introduction of potential changes intended to enhance efficiency. The other step requested prior to adoption is an adjustment to the union contract to fit the new pay equity plan. Both of these items have been addressed as follows. With regards to the liquor store operation. Tam Ke11y and I have reviewed the operation with Joe Hartman and Mike Fischbach and together have found opportunities for improving the bottom line without significantly jeopardizing customer service. This effort was made in response to City Council concerns relating to managers having overlapping schedules and also in response to concerns regarding the level of pay received by full time cashiers. In evaluating options for reducing overlapping schedules, manager and assistant manager were very concerned that any changes not unduly compromise the level and quality of service the liquor store now provides. They want to develop a store that continues to grow bath in number of customers and profit it provides the City. At the same time, in order to maintain the public trust it is important to actively evaluate the business operation and determine avenues for improvement. The suggestions noted below represents a significant step of our best efforts in the time available to evaluate the operation and develop strategies for increasing productivity. It is possible that additional changes could be made in the future depending on the results of the implementation of changes noted below. 1.) The Store Manager and Assistant Manager work the same hours. a.) The manager and assistant manger proposed the following schedule to split their time: Work Hours Monda Tuesda Wednesda Thursda Frida Saturda Mana er 7-3 12-8 7-3 Off 7-3 6-2 Assistant Mana er 9-5 8-4 12-8 8-4 12-8 Off b.) The above schedule allows the manager and assistant manager to work together for 6 hours on Monday, 4 hours on Tuesday, and 3 hours on Thursday and Friday to co- ordinate and communicate work issues and work together on ordering and accepting deliveries, which they feel is an important function of their positions. c.) The schedule would not be subject to holidays, being shorthanded, or vacations. d.) This change would take effect the following week after approval of the pay equity system. Council Agenda: 4/14/0$ 2.) The Store is management heavy with a manager, assistant manager and liquor stare clerk supervisor. a.) The liquor stare clerk supervisor position will be turned into a liquor store clerk position. When there is no manager or assistant manager on duty (for at least two hours or more), one of the clerk positions will be paid $1.50 mare for operating the store. Based on the schedule of the manager and assistant manager the need for this manager on duty differential pay will be less than having a clerk supervisor position and gives the manager and assistant manager mare flexibility with schedules by allowing them to appoint any of the full-time clerks as a supervisor. b.) Based on the above schedule there would be a manager on duty (paid) for 5 hours on Monday, 2 hours each on Tuesday, Wednesday, and Friday, 6 hours on Thursday and 8 hours on Saturday. 3.) Liquor store clerks' current salary compared to new pay range. a.) The two liquor store clerks and the clerk supervisor would all have their wages frozen at current levels. They would stay at their current rate until after the Labor Day weekend at which time the wages would be reduced to the top of their new pay range (grade 4, step 8). 4.) Reduce number offull-time positions a.) It was felt reducing the number of full-time position was not in the best interest of the store as full-time employees are more reliable and take more pride in their job and the store than part-time positions. Part-time positions tend to turn over more frequently than full-time positions and result in less training. So it was felt that the City should leave the number offull-time employees at its current level of 5 full-time staff. 5.) Excess overtime. a.) Full-time employee hours and schedule will be watched mare closely and overtime as much as possible will be minimal. In addition when ever possible part-time employees will be scheduled far holidays, which will reduce the number of hours paid at double time to full-time employees. b.) The assistant store manager is currently an hourly employee and is being changing to salaried and will no longer be eligible for overtime. c.) Part-time employees will no longer be paid overtime for working holidays. d.) These changes will take place the following week after pay equity plan is approved 6.) Work on Sundays. a.) The only Sunday hours is for the completion of the quarterly and yearly inventory. Much of the inventory is done during normal operation but due to sales some must be done when the store is closed, which is minimal and is completed on Sundays. 2 Council Agenda: 4/14/08 7.) Merchandise pick up in the Cities. a.) When ever possible apart-time or lower paid full-time employee will be sent to pick up merchandise that is not available for delivery in this area instead of sending the assistant manager thus reducing costs and using the assistant store manager's time more wisely. 8.) Merchandise ordering. a.) The majority of merchandise ordering has been and will continue to be performed by the manager and assistant manager. With shifting the managers' schedules there could be times when one of the other full-time clerk's help could be required with checking orders into the store. 9.) Pricing of merchandise. a.) Pricing of merchandise was discussed and it is believed that the stores prices are competitive with other stores in the surrounding areas. Prices will be monitored to remain competitive in the future. Consideration of ado tion of a Memorandum of Understandin Pertainin to Solar and Evaluation Adjustment relating to the Pav Equity Program. City Council also asked that that the pay equity report include action to integrate the union contract. As you know, the shifting of positions into a new pay scale can not be accomplished without either an amendment to the contract or a memorandum of understanding. Members of the Personnel Committee met with Union representatives and formulated the attached memorandum of understanding that if adopted results in the integration of the pay equity plan with the contract. The memorandum of understanding allows the shift to the new scale to occur and includes language that reinforces the requirement that union employees must successfully pass an evaluation in order to obtain a step increase and that such an increase is not granted automatically like a longevity increase. Council is asked to consider adopting this Memorandum of Understanding in conjunction with pay equity related actions. Following is a general repeat of information provided in the staff report on 3/24 with new information in bold. In the alternatives section of the report, items have been added and reordered under alternative 1. The Personnel Committee and the City Administrator are pleased to report that they are in position to ask the City Council to consider important actions relating to maintenance of the City's pay equity system and development of its organization structure. These actions include Consideration of accepting and adopting findings of the Pay Equity and Organization Plan as embodied in the report drafted by Sherrie Le and Personnel Committee. This report includes: o Revised job descriptions and updated pay equity analysis for every position in the City. o Suggested organizational shifts adjusting lines of authority 3 Council Agenda: 4/14/08 o Adoption of Salary scale (2007) o Approval of the method for shifting salaries from old 2007 pay scale to new 2007 pay scale and associated notes as identified in the attached table. o A variety of suggestions contained within the report far follow-up steps to enhance efficiency and suggestions for future consideration pending retirement of key personnel. o Establishment of specific adjustments to the liquor store operation as identified in this report. o Adoptian memorandum of understanding enabling the shift from the old pay scale to the new scale. 2. Consideration adjusting salary scale for 2008. With regards to item # 1 above, the effort to update the City's pay system started late in 2005 with a staff effort to document and inventory tasks and responsibilities for each position in conjunction with setting up a performance evaluation system. During this process it was recognized that during the hectic times of managing growth (1993-2005) many job descriptions had become obsolete ar needed significant updates. It was also discovered that there could be opportunities for enhancing the operation through consolidation of a number of activities such as purchasing and human resources. In response to this situation the City Council authorized preparation of a study by Sherrie Le. At midpaint in the process the effort included a workshop with the City Council at which time Council reviewed a proposed arganizatianal structure. Guidance provided at that meeting was followed in preparing the final job descriptions presented today. In addition to guidance provided by Council at the workshop, the Personnel Committee has made a Strang effort in understanding and developing the recommendations embodied in the report. The study reflects a culmination of a tremendous effort by the Personnel Committee and the organization as a whole. On Wednesday, March 19~h this report was presented in its draft form to all city staff. Tom Kelly, Kitty Baltos and I presented an outline of the findings of the report along with a copy for all staff to review. An avenue for directing questions has been provided to assist staff in understanding the study and how it affects each of them individually. Kitty will be collecting questions and we will be responding accordingly. Although preparation of job descriptions included staff review, there is always a chance that something may have been missed so we are providing staff with the opportunity to suggest changes or updates. Significant questions or objections (if any) to points established per position will be referred to Sherrie Le and the Fersonnel Committee for follow-up. With regards to consideration of approving method for shifting salaries from 2007 pay scale to new 2007 pay scale. It is proposed that employees pay be shifted from the 2007 rate to the new 2007 rate by moving them up to the step that meets most closely on the new scale. This degree of pay increase relating to this shift affects each employee differently and generally ranges from almost no increase to an increase of over 2%. Please note that there are some employees that are currently paid an amount higher than step 8 according to the new pay scale. It is proposed at this time to freeze these salaries for these employees until the affects of COLA increases catch up. See the attached table for the positions affected by this condition. 4 Council Agenda: 4/14/08 In addition to adopting the report a summary of actions associated with the report can be found on the attached worksheet. This summary of actions has been modified slightly since the previous meeting with changes to a few positions identified accordingly. These changes reflect Sherrie Le follow-up recommendations to questions submitted by staff. With regards to consideration of shifting the pay scale for 2008. As you will note in the report by Sherrie Le, the pay scale proposed establishes a pay scale that puts Monticello in the middle of the pack as compared to similar cities. The statistics used in this analysis include 2007 salary levels. Council is asked to consider moving this scale for 2008. The Personnel Committee did not desire to offer a recommendation in this regard and preferred that the City Council review this matter as a whole. Factors to consider when making your decision could include but are not limited to the following: • Evaluation of need to maintain a 2007 pay scale at same relative to other communities. See attached table that outlines COLA increased provided for 2008 by other Cities as compiled by Tom Kelly. Benefits of maintaining competitive salary scale for recruitment and retention. + Shift from old pay scale to new pay scale resulted in a range of pay increases that varies from employee to employee. Average increase was about 1.3%. • The revised pay scale provides more opportunity for pay increases over time for those not at step 8. However for these step increases to be significant, the pay scale needs to shift over time. • The current budget can support an increase of 3% given elimination of certain positions originally proposed for hire in 2008. Last year the Council approved a 1 % cost of living adjustment and a 1 % step increase for 2007 and add an eighth step which would be 104.5% of step seven. Generally uncertain economic times for all and the associated need to keep cost of government as lean as possible. • Consideration of current budget pressures and the need for the City to contain costs. Such pressures include o Recent use of budget reserves to fund operations o Reductions in development and building fees ' a Reduction in tax capacity due the drop in Xcel facilities market value o Problems relating to residential foreclosures and the uncertain impact on tax capacity and rates. B. ALTERNATIVE ACTIONS: DeCiSIOn I. Consideration of accepting and adopt findings of the Pay Equity and Organization Flan as embodied in the report drafted by Sherrie Le. Motion accepting and approving the Pay Equity and Organization Flan as embodied in the report drafted by Sherrie Le. Pay adjustments to be made retroactive to January 1, 2008. This report includes S Council Agenda: 4/14/08 a. Revised job descriptions and updated pay equity analysis for every position in the City. b. Suggested organizational shifts adjusting lines of authority c. Salary scale (2007) and associated pay shifts effective retroactive to January 1, 2008. d. A variety of suggestions for follow-up steps to enhance efficiency and suggestions for future consideration pending retirement of key personnel. e. Adoption of Memorandum of Understanding enabling Union Position pay shift from the old pay scale to the new scale. f. Adoption of recommendations for changes to the Liquor Store operation. 2. Motion to accept and adopt findings of pay equity study as noted under alternative #1 with modifications. The report and findings represent recommended action. During discussion of the report Council may find items that require further research or should be modified. 3. Motion to deny acceptance and adoption of findings of pay equity study as noted under alternative 1 with modifications. Decision 2. Consideration of establishing the COLA for 2008 retroactive to January 1, 2008. Discussion and motion requested. C. STAFF RECOMMENDATIONS: Thank you to all City Staff and the Personnel Committee for working so hard in this effort to better organize our work and establish job descriptions and a pay equity program that achieves the objectives of the.pay equity act. Thanks also to union representatives and liquor store management for reacting quickly to City Council request for resolution of potential issues prior to consideration of action. With adoption of this study, centralization of Human Resource function and establishment of our evaluation system, we are now in position to maintain and operate an effective personnel system. We are all excited about getting this done and using it as a great base for future progress! Under Decision 1, The City Administrator, Finance Director and MCC Director recommend alternative 1 but understand the Council may wish to make modifications resulting from discussion. With regards to COLA, it is noteworthy that under Decision 1, the pay scale is shifted to be comparable with similar communities as of 2007. It is up to Council to determine the degree to what extent the scale should move for 2008 given all the factors at play some of which are noted above. D. SUPPORTING DATA Pay Equity and Organization Study as Prepared by Sherrie Le. b Council Agenda: 4/14/08 Summary table showing salary shifts and related actions pertaining to the study. Summary table showing COLA adjustments made by other Cities for 2008. Memorandum of Understanding between City and Union pertaining to shifting Union Salaries from Old Scale to New Scale. 7 CITY OF IVIONTICELLO COMPENSATION STUDY REPORT March 18, 2008 Prepared by Sherrie Le Sherrie Le HR & LR Seruiees, LLC sherriele~,a?yahaa.eom ~~~-~~o-721b TABLE OF CONTENTS Section Pale Background 3 Job descriptions & Classification Analysis 3 Benefits of Restructuring $ Job Evaluation 8 System Factors S Job Evaluation Review Requests 10 Salary Ranges 11 Market 12 Salary Range Development 12 Salary Administration 13 Salary Range Adjustment 14 Initial Placement of Employees into Ranges 14 Water and Sewer Licenses 15 Pay Equity Compliance 15 Recommended Action Steps 16 Appendix 17 2 BACKGROUND I was contacted by Jeff O'Neill, City Administrator far the City of Monticello, to conduct a comprehensive compensation project for the City. The project was to include interviewing employees, preparing job descriptions, analyzing classification issues and evaluating jobs using an approved job evaluation system. Once that part ofthe project was complete, I was to analyze market information and develop a compensation plan for the City that complied with the State Fay Equity law. In addition, I was asked to review the City's draft Personnel Policies. (See Proposal -Appendix A) Once the project was underway, it became necessary to expand it somewhat to accornrnodate additional job classes that were not previously included. In addition, due to same significant restructuring, additional job description and jab evaluation work was required. Work began in late August. The project included: Conducting employee interviews for each job class (and within same job classes, for each position) to collect information for job descriptions, job evaluation and classification analysis. 2. Preparing jab descriptions for review by employees and management staff and making final edits as appropriate. Revising job descriptions as positions were restructured. 3. Evaluating the jabs using the Modified Princeton Jvb Evaluation System. Job evaluation was also completed on restructured and proposed positions. 4. Gathering and analyzing market data and developing salary ranges using market information from comparable Minnesota cities and the updated jab evaluation points. The proposed salary ranges were then tested far compliance with the Local Government Pay Equity Act using the State software. 5. Preparing a written report of the results with attached job descriptions, job evaluation and pay plan information and pay equity reports -along with a discussion of classification and restructuring issues and recommendations. .IOB DESCRIPTIONS & CLASSIFICATION ANALYSIS Job descriptions have been developed for 62 classifications. (Jab descriptions attached as Appendix H.) As mentioned earlier, there were several jobs restructured to better meet the needs of the City. Some of them were restructured again taking into consideration budget constraints. New or restructured ositions include: City Administrator - (Restructured, removing some direct reports and delegating more to the Community Development Coordinator and new Human Resource Manager position) This position had far too many direct reports and was performing too much community development work, leaving little time to meet with the department heads on an individual, or collective basis - for anything other than community development purposes. We propose moving the Liquor Store and Deputy Registrar functions to the b'inance Director. We also propose moving the Chief Building Official under the Community Development Coordinator over the next several months. Human Resources work will be handled by a new position. When the existing Economic Development Director retires, the City Council will consider changes to this function, including the passibility of merging some of the responsibilities into the Community Development Department. This will result in three less direct reports for the City Administrator. Human Resource Manager - (New position) This position is budgeted for 2008. After considerable deliberations, the Personnel Committee decided that they would like to see if the position can be effective as a separate position at a lower level than originally proposed. The position, assuming full Council approval, would be posted, applications accepted and interviews held. If a good candidate is found, the position will be filled. As a back-up plan, the position of Community Center Director may be merged with Human Resource Director as described below. Human Resource and Community Center Director - (Restructured, merged Community Center Director with proposed Human Resource Manager position.) Due to budget constraints and interest in this area by the incumbent, we discussed merging two department head positions into one. There will, of course, be a domino effect in that some of the work previously done by the Community Center Director will be delegated and an office specialist will be hired to assist with the human resource and community center support work. Training and mentoring on the human resource area will be provided to make this transition as smooth as possible. Assistant Community Center Director - (Restructured position, formerly MCC Program and Operations Coordinator) If the proposed position of Human Resource Manager were merged with the Community Center Director position, the Program and Operations Coordinator would be given more supervisory and operational responsibility and authority. Finance Director - (Restructured position, added supervision of Liquor Store and Deputy Registrar staff and operations.) Both of the newly added areas have managers so this will not be quite the same amount of work as with Finance, There will also be some employee benefit- related responsibilities that will be part of the Human Resource function. It should be noted that the increase in supervision might be too many direct reports for this position, especially because this change adds two new operational areas to the workload. This should be closel monitored and if necessary, some supervision should be delegated to the Senior Accountant, making that an Accounting Supervisor position. Senior Accountant -The position will no longer do payroll. There may also be some employee contact that will now be handled by Human Resources. Program and Projects Coordinator - (Restructured position, formerly Senior Finance Officer) This position spends only about 20% of the time on finance work, so the existing title wasn't very descriptive of the job. There are only minor changes to the duties, including adding coordination of annual purchasing contracts and animal control. The job will remain in Finance and will continue to be responsible for the IT program as well as a number of special projects. The position will only be backup for payroll, assuming the proposed part-time payroll clerk position is approved. There will fewer employee contacts related to benefits, HIPAA, COBRA or policy clarifications that will now be handled by Human Resources. PayrolUFinance Clerk - (new part-time position). This position was created primarily to do payroll and miscellaneous clerical and data entry work. Previously, payroll was incorporated loosely into two higher-level jobs, Senior Finance Officer and Senior Accountant. It didn't really make sense in either of those jobs and as it was lower level work. Community Development Coordinator - (Restructured to strengthen the higher-level community development responsibilities and authority and added supervision of the receptionist and building permit technician) Additional training will be provided to ensure a smooth transition. There are three existing functions that were considered separate departments but, because of the nature of the work, must work very closely together. Those are economic development, community development and building and zoning inspection. Under the proposed plan, the Community Development Coordinator will, over time, take over supervision of economic development and building and zoning inspection. Adding building inspection is actually a return to the structure that existed just before the new City Administrator was hired. This will be a gradual process. Step #1: Assume greater responsibility and authority in community development and begin supervising the Receptionist and Building Permit Technician. Step #2: Begin supervising the building and zoning inspection function and staff with the Chief Building Official reporting to her. Around this time, the job title will change to Community Development Director. Step #3: When the current Economic Development Director retires, consider replacing with a lower level economic development professional reporting to the Community Development Director. Economic Development Director -- (Slightly restructured) The changes include: increased supervision by, and accountability to, the City Administrator, better coordination with Community Development and more technical direction and assistance from the Finance Director on TIF. As mentioned earlier, the position will likely change further in the future. Chief Building Official - (Change to reporting relationship and supervisory authority). The Building Permit Technician will no longer report to this position, but will instead report to the Community Development Coordinator. The Building Official will still provide technical direction to the technician position. This Building Official will begin reporting to the Community Development (Director) later this year. In the meantime, they will begin working more closely together to prepare for the transition, Administrative Assistant - CD/ED & Eng. This is a new position to provide administrative support for the Community Development Coordinator, Economic Development Director and City Engineer. It will likely not be filled this year due to budget constraints. It is anticipated that the Receptionist and Building Permit Technician will take on some of these duties. Building Permit Technician - (Restructured position, formerly Building Inspection Coordinator) This position had an unusual name that implied more control over the inspectors than was evident. Most other communities call this jab a building permit technician so we changed the title to be consistent with that. The difference remains that this pasition has higher educational background than most building permit technicians, so is expected to answer higher- level questions that come in, rather than referring them to inspectors. We also propose changing the reporting relationship to the Community Development Coordinator and limiting the supervision by the Chief Building Official to technical issues. The plan is to return the Building Inspection function to Community Development, as it is in many cities and was previously in Monticello. Because the City is not filling the new Administrative Assistant _ CD/ED & Eng position, the Building Permit Technician will likely do some of the support work for the Community Development Department. Receptionist -This position will change reporting relationships and will likely take on some additional support work from Community Development. It already has responsibilities as a backup for building and zoning. The position will no longer report to the Deputy Clerk but will report to the Community Development Coordinator. This position may need to be looked at For upgrading in the future, depending on the level of responsibility of any added duties. I recommend this position be examined after atwo-year period to give it time to evolve. It may take that long to determine whether the proposed pasition of Administrative Assistant - CD/ED/Engwill need to be filled. If it is filled, the receptionist job could change again, returning it to its present responsibilities. Deputy City Clerk - (Restructured, no longer supervisory). This position will also be transferring some responsibilities to the Human Resource Manager. The employee personnel files and data practices compliance for personnel, applicant and labor relations' data will go to the Human Resource Department. This position may continue to assist with administrative support work related to hiring but the amount and level of responsibility will be diminished as this is taken over by the Human Resource Manager. The receptionist position is being moved to Community Development. DepuTy Registrar Manager -- Will now report to the Finance Director instead of the City Administrator. Liquor Store Manager and Assistant Manager -- The Liquor Store Manager will now report to the Finance Director instead of the City Administrator. The Liquor Store has two management employees who both work days. With the addition of the Liquor Store Supervisor, the store is a bit tap heavy. That is unusual compared to other municipal stares. I recommend the City look at having one manager an days and the other an evenings, with overlap between the two shifts on mast days. In addition, one or both of the managers could work some Saturdays. 6 The day and evening shifts could be rotated between the two managers or the assistant could work the second shift. The Liquor Store Supervisor position would not be needed if the two managers covered the bulk of the business hours. The classification could be eliminated and replaced with a Liquor Store Clerk. Besides being top heavy, the number affull-time employees seems high for an off-sale liquor store. The City Administrator, Finance Director and Liquor Store Manager should discuss the fallowing and provide recommendations to the Personnel Committee. 1. Consider reducing the number of full-time staff to three or four. 2. Consider eliminating either the position of Assistant Liquor Store Manager or of Liquor Store Supervisor. 3. Transfer all event planning and ordering to the two tap management positions. 4. Is travel out of the City to purchase small amounts of specialty products the best use of resources, especially for a high level employee? Can the trips, if determined necessary, be consolidated? 5. It would be more cast_effective and provide higher-level management coverage for more hours if the Liquor Store Manager and Assistant Manager did not both work days. Crty Engineer - (Restructured somewhat) Will assume additional duties from the Public Works Director and will assume supervision of construction inspection functions and positions. Will be able to delegate lower level engineering work to the Engineering Assistant and possibly to the Engineering Technician. (see below) Engineering Technician - {Retitled from Construction Observer) The two construction observer positions have been split into two classifications. Engineering Technician will now be the title for the duties currently done by the title Construction Observer. The position will no longer report to the Public Works Director but will report to the City Engineer instead. Engineering Assistant -The other Construction Observer will become an Engineering Assistant and will assist the City Engineer with lower level engineering work, in addition to construction inspection work. Public Works Director -This position will no longer supervise the construction inspection function or staff. The City Engineer is gradually assuming the engineering work done by this position. This will be more easily assumed now that the City Engineer has same staff: Street, Parks, and Water & Sewer Collection Operators -There is no change to these jobs but they will no longer be called mechanics. The title was left over from before the Shop Mechanic position was created. This is not to say that these employees do no mechanical work, but the primary mechanic is the Shop Mechanic/Operator. BENEFITS OF RESTRUCTURING With the above changes, we hope to accomplish the following: • Provide more time for the City Administrator to lead, manage and direct staff and operations. • Increase communication between the department heads and City Administrator. • Streamline and professionalize hiring, benefits administration, worker's compensation, and legal and regulatory compliance in employment and labor areas. • Provide a knowledgeable person to accurately answer employees' employment questions. • ProfessionalizeHew employee orientation and training. • Coordinate and ensure compliance with OSHA safety Hales and regulations. • Improve coordination, efficiency and communication between economic development, community development and building and zoning inspection. • Provide staff support to Community Development and Engineering. + Alleviate some of the workload far the Public Works Director. • Increase efficiency and save time through annual purchasing contracts. • Provide onsite professional advice to supervisory staff on performance management concerns. • Increase the number of hours that the Liquor Store has management staff present. • Improve consistency in the application of personnel policies. • Improve services to the Community while reducing costs. JOB EVALUATION To ensure compliance with the Pay Equity Act, all jobs had to be evaluated using a gender neutral job evaluation system. By law, the system must measure skill, effort, responsibility, and working conditions. 1 used the Modified Princeton System, the same system put in place when the Pay Equity Law first required compliance. This system was originally developed by the City of Princeton with the help of State's Pay Equity Coordinator. The State law was amended after the system was developed requiring an additional factor entitled "working conditions" be added. As a result, the Princeton System was modified to include this factor as it was not measured in Princeton's original system. In addition, a factor entitled "Varied Work" was deleted same years ago as the system was refined. The system measures five factors and is described below. (A copy of the system documentation is attached-Appendix B.) System Factors• 1) Knowledge and Experience -This factor considers the relative amount of knowledge and experience needed to perform the required work. There are two steps in rating this factor: 8 a). Knowledge is rated hrst and there are six levels to choose from. The levels range from high school graduation to comprehensive knowledge of several important areas of management and business (equivalent to something above a master's degree). b) Experience is ranked second and has four levels ranging from Limited (0-2 years) to Comprehensive {over 9 years) The rating reflects the number of years of experience required to be considered for entry into the position. 2) Accountability far Actions -This factor considers the accountability for actions that is required of the position and includes: freedom to make decisions, independence of actions, degree of responsibility for budget and operations, and relative amount of control the position allows. There are three steps in rating this factor: a) First, discretion and independence is rated using a five level scale from restricted (duties are routine and explicit) to principal (complete responsibility for developing and evaluating major programs). b) Second, influence on budget and operations is rated using a four level scale from minor to maxirnurn. c) Lastly, the amount of control is rated using a three level scale from advisory (makes suggestions) to direct (Full responsibility for final result). 3) Planning -This factor considers the degree of planning required and the time span covered by most of the planning. There are two steps in rating this factor: a) First, the degree of planning is rated using a seven level scale from no planning responsibility to planning entirely new ventures in uncharted areas requiring creative analysis, projections, and judgment. b) Lastly, the time span of the planning is rated using a six level scale from immediate application to planning extending aver two ar mare years. 4) Supervision -This factor considers the degree to which the job is supervisory, the number of people supervised, and the level of supervision exercised. There are three steps in rating this factor: a) First, the type of supervision is rated using asix-level scale from no supervisory responsibilities to managerial supervision over a large group of employees with diverse jobs. b) Second, the level of supervision is rated by determining whether the job requires partial or complete supervisory control iri each often different aspects of supervision such as: hiring, discipline, establishing work methods, etc. c) Lastly, the number of employees supervised is rated with a range of employees (i.e. 1-3, ~-7, etc.) being assigned a paint value. 5) Working Conditions -This factor considers physical effort, environment, and hazards. Far any condition that is applicable, the frequency is determined. (There are sixteen individual conditions such as "exposure to extreme cold or heat", "heavy lifting," etc.) Frequency is rated using a five level scale from "none" to "always." All jobs that are required to be reported to the State in the City's Pay Equity report were evaluated, along with proposed and restructured positions. Two charts are included in the Appendix showing the results of the job evaluation. The first chart shows the results individually - by factor - for each job class, in point order. The second chart shows total paints by job title, along with the proposed salary grade. I did not include the part-time Community Center or part- time Liquor Store employees in the new salary ranges. Their pay had been closely monitored and was based on the going rate in the market. Their pay ranges will remain separate. (See Appendices C & D) Job evaluation systems are not intended to measure the capabilities of individual employees, nor does it measure employee performance. Employees may have the knowledge and capability of doing much higher level work than what the position requires. A City may also have employees who perform far above, or below, their expectations. Job evaluation systems also do not measure everything about a job. It is good policy to reward employees for superior performance but the assignment of job evaluation points is not where this should occur. What job evaluation measures is the position - what the City requires -regardless of who happens to be in it at any given time. Rewarding employees for superior performance can be accomplished using the speed of movement in the salary ranges in conjunction with a performance appraisal system, as well as bynon-monetary methods. Job evaluation is the internal job value and is not influenced by the market. The market, on the other hand, responds to the laws of supply and demand and recruitment and. retention issues. The market daes rat base pay on internal job evaluatian. The State Pay Equity law requires compliance with specific criteria based on internal job evaluation. Job Evalnatian Review Requests The jobs are assigned to grades based on the jab evaluation points. If a job should change significantly, the City can re-evaluate the job using the attached job evaluation system. If the total points should change enough to move the position into a different salary grade, the Point-to- Grade Conversion Chart (Appendix F) will indicate where it should be moved. You may want to consider using a neutral party experienced in applying job evaluation systems to maintain the integrity of the system. Updating of job evaluation points is required by the Pay Equity Act but no frequency is mandated. I recommend that you review all jobs every five to seven years. Either an employee, or a department head, may request a review of the job evaluation paints for a position. The job must have changed significantly from the last time it was reviewed. The person requesting the review must provide in writing a detailed description of the job changes. The written request, if from an employee, would then be submitted to his or her supervisor for review and comments. The supervisor should review the accuracy of the stated changes and agree or disagree with the description of the jab change. If there is disagreement, the supervisor will supplement the document with any clarifications or changes. The department head will then review the document to determine whether he or she agrees with the description and to determine whether the changes should remain in place or be removed or revised.. If the changes remain, and are seen as signficant to one of the five factors, the document will be forwarded to Human Resources far review. If the request is from the department head, he or she would submit it to the City Administrator for consideration. If the City requires changes to a job through restructuring, the review maybe initiated by the department head, Human Resource Director ar City Administrator. No position should be reviewed more often than every three years unless the City purposely restructures the position and/or the department head and Human Resource Director agree that there is a significant change that will very likely impact one of the job evaluation factors. Job evaluation is not based on volume of work. More work requires additional prioritizing, delegating, working mare hours ar working smarter. Adding ,three duties that are comparable to the existing duties, has no effect an the points. If duties are added that are less complex or difficult than other existing duties, the points would likely not change but could possibly decrease. On the other hand, if a position is restructured and is now supervisory, or vice versa, the points will likely change. Or if new duties are added that are clearly mare responsible, require much more independent thought, decision making ar planning than what was required before, the paints will likely change. SALARY RANGES In developing the salary ranges, I took both internal equity (job evaluation as required by the Pay Equity Law) and the market into consideration. My goal was to be as close to the average of the market as possible, while maintaining internal equity. Monticello had some noted recruitment problems causing employee turnover in some classes, limiting the applicant pool for others and causing new employees to be hired. in at or near the top of the salary range. These problems were noted only far full-time positions. 11 Market In determining what market data within the selected cities was appropriate far comparison, I considered a number of issues. The first step is too determine which jobs were benchmark jabs. A benchmark job is a job that commonly exists in other cities where there would be at least a 70% match in duties. The benchmark positions that had a sufficient number of good matches to the market include: Building Inspector Building Official City Administrator Sewer & Water Maintenance Worker Street Maintenance Worker Mechanic Utility Billing Clerk Liquor Stare Clerk Liquor Stare Manager Finance Director Park Maintenance Worker City Engineer I collected and analyzed market information for these benchmark jobs from Minnesota cities of comparable size using the League of Minnesota Cities Salary Survey. The market information I used for the salary ranges was obtained from cities with populations ranging from 9,500 to just under 25,000, with the majority of cities between 10,000 and 2D,000. The metro cities used were outlying cities and I used data from a number of cities in greater Minnesota as well. The number of employees in these cities ranged a lot depending on what services were provided. The average number of fulltime employees in the comparable cities was 85 full-time employees and 18 part- time. Monticello has S l -S4 FT and 109 PT according to the LMC Salary Survey. Monticello has a lot more part-time because of the Community Center and significantly fewer full time, at least in part, due to not having a Police Department. Once I determined which cities were campazable based on population and location, I then examined the market data far jobs that were a good match for the benchmark jobs. Wherever there was a sufficient number of good matches far a position, I then calculated the average of the minimum and maximum salaries for that job. Salary Range Develoument The process T used to develop the salary ranges was as follows: I designed the salary range system using generally accepted practice in the field of compensation. There is some flexibility in the practice that allows one to gear the system to fit the employer. The number of grades needed depends on attaining a balance between too many (where any change in responsibility will change the salary grade) and too few (where it is obvious that jobs having different values are in the same grade). The number of grades that best fit the City of Monticello based on this criteria was 25. 12 I developed a point to grade conversion chart to assign an equal number of points to each grade. Using the market data along with the job evaluation points, I developed a framework and then placed all existing and proposed positions into the system at the appropriate place based on their jab evaluation points. The goal was to develop a logical pay system that increases as jab evaluation points increase, while incorporating accepted compensation principles and practices commonly used in Minnesota cities. I examined a number of mathematical approaches to match the market with the job evaluation points (internal equity). It usually works best to have most of the salaries increase by some mathematically proportional relationship to ensure compliance with Pay Equity. However, in this case, the market data from comparable cities did not tit any consistent percentage increase between grades, so I used a variable rate to mare closely match the market. I used a 30% spread from minimum to maximum divided into eight equal steps. The salary ranges included in this report are based on 2007 market data sa will be adjusted for 2008 by the Finance Director. (See Appendix E for the 2007 salary ranges.) Before I began the project, I met with the Personnel Committee, City Administrator and Community Center Director. We discussed developing a system with half steps to provide flexibility to reward employees based on performance, so there is a Step 1, 1 %z, 2, Z%z, and so forth. The length of the salary range being proposed is eight steps. So, assuming a new employee was hired into step one and their performance was fully satisfactory each year, they would get one step each year until they reached step eight. Whenever a half step is used due to performance, the speed at which the employee will move through the range will change. Sala Administration Adopting the proposed salary ranges will assist the City in compliance with the Pay Equity Act, while providing a system that is easy to maintain and administer. Compensation systems allow for increases in pay for employees who stay and grow with the City. They provide an objective method for determining how much to pay a new hire and how much of an increase to give a current employee. Apay-for-performance component allows you to differentiate between superior and satisfactory performers as well as those who need improvement. Under this system, employees will be eligible for a step increase once per year, until they reach the top pay for their job. Assuming employees are hired into step one, it will take 7 years to reach the top salary if they receive one step per year. However, there maybe times when it makes sense to start a new employee at a higher step based on their previous experience, current salary, and the difficulty in finding good candidates. Ifpay-for-performance is approved, employees could receive: no step increase, %z step, 1 step, 1 %z steps or two steps, based on their performance. The reward of two ,steps should be rare and limited to employees whose performance was consistently exceptional for the preceding year. The City Administrator should have final approval authority for any increase in pay outside of the normal one step increase to ensure consistency between departments. 13 An employee whose performance is consistently very good far the year could get up to 1 %z steps. An employee whose performance was mostly satisfactory but had a couple of relatively insignificant areas that were problems or needed improvement, could get up to %z step. Lastly, an employee whose overall performance needed improvement or there were significant performance problems in a given year would not get an increase that year. Once any employee reaches Step 8, they are at the top and can only receive am~-ual adjustments that are given to the salary range each year, as determined by the City Council. SALARY RANGE ADJUSTMENT Ongoing maintenance of the salary ranges should be minimal. The salary ranges were developed using 2007 market data. They will need to be adjusted for 2008 once the City Council decides what the annual adjustment (COLA) will be for 2008. The pay range far any classification covered by a bargaining agreement must be negotiated, sa the salary ranges will initially apply only to non-represented employees. The City can, with agreement of the unions, re-open contracts for negotiation limited to this topic. To retain the City's pay relationship to the market over time, the City should collect information on what other cities of comparable size are considering far annual adjustments. For example, if most cities in the relevant labor market are considering a 3% cost of living increase for 2008, the City will want to consider a 3% increase if it wants to retain its relationship to the market. The City will also want to consider several other factors in making this decision such as budget constraints, employee turnover rates, actual or potential recruitment problems, union contract settlements and employee morale. It is recommended that annual increases (cost of living adjustments) go into effect on January 1, or the beginning of the first pay period of each year. The Council retains the discretion as to how much, if any, of an annual increase to adapt. It is important to apply any cost~of living increases to the entire pay system. All grades in the salary ranges, and all steps within each of those grades, should be adjusted by an equal percentage. That way you will maintain the internal relationship for pay equity compliance. If you adopt different annual increases for different positions, you will lose the internal equity established by the salary ranges. As mentioned earlier, COLA increases will have to be negotiated for positions covered by a collective bargaining agreement. Initial Placement of Emnlovees Into the Salarv Ranges One of the policy decisions for the City Council to make is to determine how to place the employees into the salary ranges the first time. Because the salary ranges are new but the employees are not -and are already being paid a particular salary -placement into the ranges now is a unique situation. 14 I typically recommend moving the employees to the step equal to - or just above -their current salary to get the employees into the ranges the first time. However, if no increases have been awarded this year pending the outcome of this study, you maywant to move everyone, whose performance merits an increase, one step higher than that. No employee should be placed below step one or above step eight of their salary grade. If an employee's current salary is above step eight for their new salary grade, that employee's pay could be frozen until annual adjustments (COLA) bring the salary ranges up to the existing salary. Water & Sewer Licenses The positions of Water & Sewer Operator are unique positions where the City has expereinced higher turnover and difficulty in recruitment. Part of the reason for the difficulty in recruitment is that the City had required applicants to have a Class D Water license and have worked in a Class C facility to apply for the job, severely limiting the applicant pool. While it is very helpful and desirable to have the licensure, and very helpful to have the experience in a Class C facility, it limits the applicant pool too much. Therefore, I eliminated the license requirement and opened up the expereince requirement to increase the applicant pool. This will mean more training will be required for new employees hired without this background. So, to supplement to that, I would. recommend the City pay a differential of some amount per hour to those employees in the Water & Sewer Operator classification who have a Class D Water license. An applicant who has previous experience in a Class C or higher-level facility, could be brought in above step one if appropriate. This would require negotiation as this position is covered by a union. I am not recommending a differential for other optional licenses employees may have. This is a unique situation since I significantly reduced the minimum qualification below what was in place and this position is a difficult position to fill. The addition of a differential for a Class D Water license for this classification will not impact the City's pay equity compliance. PAY EQUITY ANALYSIS Other than market comparability, my primary concern when developing and recommending salary ranges is internal equity, which relates directly to pay equity compliance. All employees wha work year-round For more than 14 hours per week, or in a position that is more than 67 days per year (or more than 100 days per year if the employee is a full-time student) must be included in the Pay Equity Report. I tested the proposed salary ranges using the State Pay Equity software and have attached the reports. This assumes adoption of the restructuring, the new job evaluation. points and the salary range proposal. The City will be in compliance with pay equity with these changes. (See Appendix G for pay equity reports.) ]5 RECOMMENDED ACTION STEPS 1. Review and accept the proposed restructuring or modify as appropriate. 2. Accept the jab evaluation ratings. 3. Adopt the salary ranges and salary administration system with the performance pay component for non-represented staff along with a method to move the employees into the salary ranges initially. This excludes the part-time liquor stare positions and part- time recreation positions at the Community Center and seasonal positions. 4. Negotiate adoption of the salary ranges and salary administration system, with the performance pay component, for union positions. Zf there are any questions on the process used or results of this project, please feel free to contact me at (651) 770-7216. I enj Dyed warping with the City of Monticello and wish you the best as you rraeet your current and future challenges. 16 APPENDIX A. Letter of Agreement B. Modified Princeton Job Evaluation System C. Detailed Job Evaluation Results D. Total Points and Proposed Grades by Job Title E. Salary Ranges (Annual and Hourly) F. Point-To-Grade Conversion Chart G. .Pay Equity Software Reports using new system H. Jab Descriptions ~~ ~ ~ ~ T 0 ppp ^ V ~ O y C N ~ ~^ i ~ N' I ~ r C F G m - a ~ ~ ~ _ c 'Z'l ~~ ' ~ ~ N ~ _ ~,~ ~~E c~ m U ~ L ~ ~ l l° E C ._ ~ E ~ • ~ ~ ~ N z N of ~ ~ ~ _~ ~ ~ 8 ° ' ~ p ' ~ ^ y z I ~ ~ N g ~ ^ $ ~', E ~ {~ ; ~ c Vj N ~ g ~ ~~ a .-. ~ C N N ~ vr L 7 c I ~ •7 ~ U (J ~ ~ ~ ~ N y'. E ~ V ^ C 7 ~ C ~ O ~ • c • 1p f0 ~~ Q (J ~ E ~ C ~ $ c ~ ~ ~ N N N N o f0 ~ LL E ~ c `.~ ~ ~ N ~ ~ $ _ C g ~ ~ - N ~ LL ~ ~ ~ c N c N ~ ~ o ~ !I ~' ~ N ° ~ y y ~ E ~ ~ ~' y ~ 'G C ~ N ~ ~ ~ ~ !~ nC' Gpp ~ ~~ 7 N ~ N ~ ~ ~° O ~ ~ 'S C ~ ~~ ~ ~ t7 ~ 2 ~ n'' n c ;~ F1 ~ G O L N N ~ c c ~ p C ~ C o g'-- 'p (Up ~~~ ~ •2 ~ C r C r ~' ~ ~ rpp ` ' z ~ a° a a z° a° ~'•S mci$ z rn' ¢ ~ i~ ~c ~~ ~~ ' _ ~ aE aE rn a~ ~~pp C7 ae ~1yy77 M ae m cp ae m N aE v r a~ r~ O a~ rn tD ae ti CS a~ r~ O aE r. 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Q O Q O a N d a. m m m ~ O Q r o a O ¢ C7 Q O Q N r Q r O Q r o Q ~^- Q ~ m N C`7 m N ~ ti m N L'7 m N cr] Q M u7 V M O> V M o5 !0 d '~ w+ m +. ca O c~ O m r C? cv r O ~ ~.. O ro O co O v r GO ~ v r. OD ~ ~ ca PO m O ~ ~ N ~ p1 c~ ~ i'7 ~ ~y Op ~+ ~y GO ~ Q r Q r Q r Q r Q r N CO M m M _ C~ f~ C'') m C~] t47 m c7 ~ M m ~ m ~ m eY' Q C V V a ~ 3 r ¢ O r r Q © r ~"- Q O r _ Q O r r Q O r ~ m . O N r Q 0 r T" Q O r r ¢ ~"' Q O r ~^ Q O r C7 r r (7] 0 M r [~ 0 C'7 _ CD O C'7 N [~ O ~ N m O ~ a ¢ c Y a., ~. U ~ o ~ ~ U U O ~,,, O ~ ~ ~ ~ O ~ rii C] ~. ~ ~ 7 ~ ~. .v'. O V ~ ~ ~ ~ ~ cC ~" ~ ~ cd f-~, F . . ~ ~~ yyyy ~" O U ~ ~ y ~ +' r7 ~ i"' ~ 'y"/~ ~ ~ ~ ~--~ VJ ~+ VI ll ,, JJ ~ iti ~ ~ ~ O V.I ~ ~ ~ - ~ w Q L ~ CI . ~ . 47 Q) L:i M (O (,p x^- p ~ 1~ Ci D~ N J f~ M (D [p ^ . N N O m CA A JJ7 ~ . ll) m (n <D ' J C7 M t7 cq [b . f+ 1;(3 •1 M r N ~ f~ C10 to r b t•J } +tt ~ 47 w 4] O N ' Q] N N ~ N (~ N . [b N Qj N t'1J M C3 <t M (17 n M 7 O : ~ [ri ~ I ~ 4') C7 9 t! /? 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I.• L o ' ''„ A . ~ O m d N m C7 V J J ~ ~ J ~ D O IL Q Q ~ a J J N m ~ LL Q a to r r L ~I,~ , ~~.~u n ;,~3r~ ',~~'''~'L' .,~".. YL ~ T.,: • CITY OF MONTICELLO AND LU.O.E., LOCAL 49 IvIEMORANDUM OF UNDERSTANDING SALARY AND EVALUATION ADJUSTMENT The purpose of this Memorandum of Understanding is to assist bout Labor and Management in dealing tivith the changes to the 2007 salary schedule and employee evaluation process. WHEREAS, "I'he City of Monticello (hereinafter "Employer") and the International Unian of Operating Engineers, Local Ito. 4~), (hereinafter "Unian"') are parties to a callective bargaining agreement that is currently in force; altcl WiFIEREAS, the Parties desire to reach an agreement and understanding of ilte adjustments to the 20()7 salary schedule and t}te pay increase eligibility process; NOW, THEREFORE SE IT RESOLVED, that the parties agree as follows for the period ending March 31, 2009, which coincides with the expiration of the current collective bargaining agreement: 1) Shift employees to the same pay structure as non Unian employees, ntadifying Appendix # 1 this would include; (See attached proposed pay scale) a) Adding the eighth step to the pay scale b) Modifying the pay structure to include half steps. c) Administer the pay increases upon a successful annual pet•fonttance evaluation d) Ta identify in the Personnel Manual a future process for appealing annual performance evaluatiatt e) City Council approval of the proposed scale and the half step increases is pending. C7 THE PARTIES have caused this Letter of Agreement to be executed by their duly authorized representatives whose signatures appear below. CITY OF )vIONTICELLO .leff O'Neill, City Administrator LU.O.E., LOCAL 49 ..- _... R, ~- .- ;;,f ,., ~ , .,, Kent A. Ko/c•ta~'an, area Business Rep. Date Date Monticello City' Hull. 505 Walnut S[reet, Suite I - Monticello. MIS »36''-5831 • f763) Z95-?711 • F'ax (7631 295-1(14 C)ffice of Public Works, 9()9 Golf Course Rd., Monticello.lL4N 55362 • 1'.763) 295-317(1 • Fax (763) 271-3?72 MONTICELLO N N N W~ W r ~ tir r .a r ..- ~ td' Q ~.1 O1 N A W h1 .+ LTA(.+N Otp OpV df tMA W N.+Q ].~ ~ (a ` 1 ~ P_ 7" m f~ (~~ /-~ ~ ~1 1 ~ -~ ~, r,. ~~ ~ ~ (~l T ~ (" rn ~~ ~ ~' C~` J • • CITY OF MONTICELLO COMPENSATION STUDY REPORT March 18, 2008 • Prepared by Sherrie Le Sherrie Le HR ~ LR Services, LLC sherriele a~yahoo,carn 65~-77Q-721f TABLE OF CONTENTS Section Pale Background 3 Job descriptions & Classification Analysis 3 Benefits of Restructuring $ Job Evaluation 8 System Factors 8 Job Evaluation Review Requests 10 Salary Ranges 11 Market 12 Salary Range Development 12 Salary Administration 13 Salary Range Adjustment 14 Initial Placement of Employees into Ranges 14 Water and Sewer Licenses 15 Fay Equity Compliance 1 S Recommended Action Steps 16 Appendix 17 l • C BACKGROUND I was contacted by Jeff O'Neill, City Administrator far the City of Monticello, to conduct a comprehensive compensation project for the City. The project was to include interviewing employees, preparing job descriptions, analyzing classification issues and evaluating jobs using an approved job evaluation system. Once that part of the project was complete, I was to analyze market information and develop a compensation plan for the City that complied with the State Pay Equity law. In addition, I was asked to review the City's draft Personnel Policies. (See Proposal -Appendix A) Once the project was underway, it became necessary to expand it somewhat to accommodate additional job classes that were not previously included. In addition, due to some significant restructuring, additional job description and job evaluation. work was required. Work began in late August. The project included: 1. Conducting employee interviews for each job class (and within some job classes, for each position) to collect information far job descriptions, job evaluation and classification analysis. 2. Preparing jab descriptions for review by employees and management staff and making final edits as appropriate. Revising job descriptions as positions were restructured. 3. Evaluating the jobs using the Modified Princeton Job Evaluation System. Job evaluation was also completed on restructured and proposed positions. 4. Gathering and analyzing market data and developing salary ranges using market information from comparable Minnesota cities and the updated job evaluation points. The proposed salary ranges were then tested for compliance with the Local Government Pay Equity Act using the State software. Preparing a written report of the results with attached job descriptions, job evaluation. and pay plan information and pay equity reports -along with a discussion of classification and restructuring issues and recommendations. JOB DESCRIPTIONS & CLASSIFICATION ANALYSIS Job descriptions have been developed for 52 classifications. (Job descriptions attached as Appendix H.) As mentioned earlier, there were several jobs restructured. to better meet the needs of the City. Some of them. were restructured again taking into consideration budget constraints. • New or restructured ositions include: City Administrator -- (Restructured, removing some direct reports and delegating more to the • Community Development Coordinator and new Human Resource Manager position) This position had far too many direct reports and was perfornaing too much community development work, leaving little time to meet with the department heads an an individual, ar collective basis - for anything other than community development purposes. We propose moving the Liquor Store and Deputy Registrar functions to the Finance Director. We also propose moving the Chief Building Official under the Community Development Coordinator over the next several months. Human Resources work will be handled by a new position. When the existing Economic Development Director retires, the City Council will consider changes to this function, including the possibility of merging some of the responsibilities into the Community Development Department. This will result in three less direct reports for the City Administrator. Human Resource Manager - (New position) This position is budgeted for 2008. After considerable deliberations, the Personnel Committee decided that they would like to see if the position can be effective as a separate position at a lower level than originally proposed. The position, assuming full Council approval, would be posted, applications accepted and interviews held. If a good candidate is found, the position will be filled. As a back-up plan, the position of Community Center Director maybe merged with Human Resource Director as described below. Human Resource and Community Center Director - (Restructured, merged Community Center Director with proposed Human Resource Manager position.) Due to budget constraints and interest in this area by the incumbent, we discussed merging two department head positions into one. There will, of course, be a domino effect in that some of the work previously done by the Community Center Director will be delegated and an office specialist will be hired to assist with the human resource and community center support work. Training and mentoring an the human resource area will be provided to make this transition as smooth as possible. Assistant Community Center Director - (Restructured position, formerly MCC Program and Operations Coordinator) If the proposed position of Human Resource Manager were merged with the Community Center Director position, the Program and Operations Coordinator would be given more supervisory and operational responsibility and authority. Finance Director - (Restructured position, added supervision of Liquor Store and Deputy Registrar staff and operations.) Bath of the newly added areas have managers so this will not be quite the same amount of work as with Finance. There will also be some employee benefit- related responsibilities that will be part of the Human Resource function. It should be noted that the increase in supervision might be too many direct reports for this position, especially because this change adds two new operational areas to the workload. This should be closely monitored and if necessary, some supervision should be delegated to the Senior Accountant, making that an Accounting Supervisor position. ~~~~ Senior Accountant -The position will no longer da payroll. There may also be same employee contact that will now be handled by Human Resources. 4 Program and Projects Coordinator - (Restructured position, formerly Senior Finance Officer) This position spends only about 20% of the time on finance work, so the existing title wasn't very descriptive of the jab. There are only minor changes to the duties, including adding coordination of annual purchasing contracts and animal control. The job will remain in Finance and will continue to be responsible for the IT program as well as a number of special projects. The position will only be backup for payroll, assuming the proposed part-time payroll clerk position is approved. There will fewer employee contacts related to benefits, HIl'AA, COBRA or policy clarifications that will now be handled by Human Resources. PayrolUFinance Clerk _ (new part-time position). This position was created primarily to do payroll and miscellaneous clerical and data entry work. Previously, payroll was incorporated loosely into two higher-level jobs, Senior Finance Officer and Senior Accountant. It didn't really make sense in either of those jobs and as it was lower level work. Community Development Coordinator - (Restructured to strengthen the higher-level community development responsibilities and authority and added supervision of the receptionist and building permit technician) Additional training will be provided to ensure a smooth transition. There are three existing functions that were considered separate departments but, because of the nature of the work, must work very closely together. Those are economic development, community development and building and zoning inspection. Under the proposed plan, the Community Development Coordinator will, over time, take over supervision of economic development and building and zoning inspection. Adding building inspection is actually a return to the structure that existed just before the new City Administrator was hired. This will be a gradual process. Step #1: Assume greater responsibility and authority in community development and begin supervising the Receptionist and Building Permit Technician. Step #2: Begin supervising the building and zoning inspection function and staff with the Chief Building Official reporting to her. Around this time, the jab title will change to Community Development Director. Step #3: When the current Economic Development Director retires, consider replacing with a lower level economic development professional reporting to the Community Development Director. Economic Development Director - (Slightly restructured) The changes include: increased supervision by, and accountability to, the City Administrator, better coordination with Community Development and more technical direction and assistance from the Finance Director on T1F. As mentioned earlier, the position will likely change further in the future. Chief' Building Official - (Change to reporting relationship and supervisory authority). The Building Permit Technician will no longer report to this position, but will instead report to the Community Development Coordinator. The Building Official will still provide technical direction to the technician position. This Building Official will begin reporting to the Community Development (Director) later this year. In the meantime, they will begin working more closely together to prepare for the transition. 5 Administrative Assistant - CD/ED &Eng. This is a new position to provide administrative support for the Community Development Coordinator, Economic Development Director and City . Engineer. It will likely not be filled this year due to budget constraints. It is anticipated that the Receptionist and Building Permit Technician will take on some of these duties. Building Permit Technician -~ (Restructured pasitian, fomaerly Building Inspection Coardinator) This positian had an unusual name that implied more control over the inspectars than was evident. Most other communities call this job a building permit technician so we changed the title to be consistent with that. The difference remains that this position has higher educational background than most building permit technicians, so is expected to answer higher- level questions that come in, rather than referring them to inspectors. We also propose changing the reporting relationship to the Community Development Coordinator and limiting the supervision by the Chief Building Official to technical issues. The plan is to return the Building Inspection function to Community Development, as it is in many cities and was previously in Monticello. Because the City is not filling the new Administrative Assistant - CD/ED &Eng position, the Building Permit Technician will likely do some of the support work for the Community Development Department. Receptionist -This position will change reporting relationships and will likely take on some additional support work from Community Development. It already has responsibilities as a backup for building and zoning. The position will no longer report to the Deputy Clerk but will. report to the Community Development Coordinator. This position may need to be looked at for upgrading in the future, depending on the level of responsibility of any added duties. I recommend this position be examined after atwo-year period to give it time to evolve. It may take that long to determine whether the proposed positian of Administrative Assistant - CD/ED/Eng will need to be filled. If it is filled, the receptionist job could change again, returning it to its present responsibilities. Deputy City Clerk - (Restructured, no longer supervisory). This position will also be transferring some responsibilities to the Human Resource Manager. The employee personnel files and data practices compliance for personnel, applicant and labor relations' data will go to the Human Resource Department. This position may continue to assist with administrative support work related to hiring but the amount. and level of responsibility will be diminished as this is taken over by the Human Resource Manager. The receptionist position is being moved to Community Develaprnent. Deputy Registrar Manager -Will now report to the Finance Director instead of the City Administrator. Liquor Store Manager and Assistant Manager -The Liquor Store Manager will now report to the Finance Director instead of the City Administrator. The Liquor Store has two management employees who both work days. With the addition of the Liquor Stare Supervisor, the store is a bit top heavy. That is unusual compared to other municipal stores. I recommend the City look at having one manager on days and the other on evenings, with overlap between the two shifts on most days. In addition, one or both of the managers could work some Saturdays. s The day and evening shifts could be rotated between the two managers or the. assistant could work the second shift. The Liquor Store Supervisor position would not be needed if the two managers covered the bulk of the business hours. The classification could be eliminated and replaced with a Liquor Store Clerk. Besides being top heavy, the number offull-time employees seems high for anoff--sale liquor store. The City Administrator, Finance Director and Liquor Store Manager should discuss the following and provide recommendations to the Personnel Committee. 1. Consider reducing the number offull-time staff to three or four. 2. Consider eliminating either the position of Assistant Liquor Stare Manager or of Liquor Store Supervisor. 3. Transfer all event planning and ordering to the two top management positions. 4. Is travel out of the City to purchase small amounts of specialty products the best use of resources, especially fora high level employee? Can the trips, if determined necessary, be consolidated? 5. It would be more cost-effective and provide higher-level management coverage for more hours if the Liquor Store Manager and Assistant Manager did not both work days. City Engineer - (Restructured somewhat) Will assume additional duties from the Public Works Director and will assume supervision of construction inspection functions and positions. Will be able to delegate lower level engineering work to the Engineering Assistant and possibly to the Engineering Technician. (see below) Engineering Technician - (Retitled from Construction Observer) The two construction observer positions have been split into two classifications. Engineering Technician will now be the title for the duties currently done by the title Construction Observer. The position will no longer report to the Public Works Director but will report to the City Engineer instead. Engineering Assistant -The other Construction Observer will become an Engineering Assistant and will assist the City Engineer with lower level engineering work, in addition to construction inspection work. Public Works Director -This position will na longer supervise the construction inspection function or staff. The City Engineer is gradually assuming the engineering work done by this position. This will be more easily assumed now that the City Engineer has some staff. Street, Parks, and Water & Sewer Collection Operators -- There is no change to these jobs but they will no longer be called mechanics. The title was left over from before the Shop Mechanic position was created. This is not to say that these employees do no mechanical work, but the primary mechanic is the Shop Mechanic/Operator. n BENEFITS OF RESTRUCTURING With the above changes, we hope to accomplish the Following: • Provide more time for the City Administrator to lead, manage and direct staff and operations. • Increase communication between the department heads and City Administrator. • Streamline and professionalize hiring, benefits administration; worker's compensation, and legal and regulatory compliance in employment and labor areas. • Provide a knowledgeable person to accurately answer employees' employment questions. • Professionalize new employee orientation and training. • Coordinate and ensure compliance with OSHA safety rules and regulations. • Improve coordination, efficiency and communication between economic development, community development and building and zoning inspection. • Provide staff support to Community Development and Engineering. • Alleviate some of the workload for the Public Works Director. • Increase efficiency and save time through annual purchasing contracts. • Provide onsite professional advice to supervisory staff on performance management concerns. • Increase the number of hours that the Liquor Store has management staff present. • Improve consistency in the application of personnel policies. • Improve services to the Community while reducing costs. JOB EVALUATION To ensure compliance with the Pay Equity Act, all jobs had to be evaluated using a gender neutral job evaluation system. By law, the system must measure skill, effort, responsibility, and working conditions. I used the Modified Princeton System, the same system put in place when the Pay Equity Law first required compliance. This system was originally developed by the City of Princeton with the help of State's Pay Equity Coordinator. The State law was amended after the system was developed requiring an additional factor entitled "working conditions" be added. As a result, the Princeton System was modified to include this factor as it was not measured in Princeton's original system. In addition, a factor entitled "Varied Work" was deleted Borne years ago as the system was refined. The system measures five factors and is described below. (A copy of the system documentation is attached-Appendix B.) System Factors• 1) Knowledge and Experience -This factor considers the relative amount of knowledge and experience needed to perform the required work. There are two steps in rating this factor: r~ • l J a). Knowledge is rated first and'there are six levels to choose from. The levels range from high school graduation to comprehensive knowledge of several important areas of management and business. (equivalent to something above a master's degree). b) Experience is ranked second and has four levels ranging from Limited (0-2 years) to Comprehensive (over 9 years) The rating reflects the number of years of experience required to be considered for entry into the position. 2) Accountability for Actions -This factor considers the accountability for actions that is required of the position and includes: freedom to make decisions, independence of actions, degree of responsibility for budget and operations, and relative amount of control the position allows. There are three steps in rating this factor; a) First, discretion and independence is rated using a five level scale from restricted (duties. are routine and explicit) to principal (complete responsibility far developing and. evaluating major programs). b) Second, influence on budget and operations is rated using a four level scale from minor to maximum. c) Lastly, the amount of control is rated using a three level scale from. advisory (makes suggestions) to direct (full responsibility for final result). 3) Planning -This factor considers the degree of planning required and the time span covered by most of the planning. There are two steps in rating this factor: a) First, the degree of planning is rated. using a seven level scale from no planning responsibility to planning entirely new ventures in uncharted areas requiring creative analysis, projections, and judgment. b) Lastly, the time span of the planning is rated using a six level scale from immediate application. to planning extending over two or more years. 4) Supervision. -This factor considers the degree to which the job is supervisory, the number of people supervised, and the level of supervision exercised. There are three steps in rating this factor: a) First, the type of supervision is rated using asix-level scale from no supervisory responsibilities to managerial supervision over a large group of employees with diverse jabs. 9 b) Second, the level of supervision is rated by determining whether the job requires partial or complete supervisory control. in each of ten different aspects of . supervision such as: hiring, discipline, establishing work methods, etc. c) Lastly, the number of employees supervised. is rated with a range of employees (i.e. 1-3, 4-7, etc.) being assigned a point value. S) Working Conditions -This factor considers physical effort, environment, and hazards. For any condition that is applicable, the frequency is determined. (There are sixteen individual conditions such as "exposure to extreme cold or heat", "heavy lifting," etc.) Frequency is rated using a five level scale from "none" to "always." All jobs that are required to be reported to the State in the City's Pay Equity report were evaluated, along with proposed and restructured positions. Two charts are included in the Appendix showing the results of the jab evaluation. The first chart shows the results individually - by factor - for each job class, in point order. The second chart shows total points by job title, along with the proposed salary grade. I did not include the part-time Community Center or part- time Liquor Store employees in the new salary ranges. Their pay had been closely monitored and was based an the going rate in the market. Their pay ranges will remain separate. (See Appendices C & D) Job evaluation systems are not intended to measure the capabilities of individual employees, nor does it measure employee performance. Employees may have the knowledge and capability of doing much higher level work than what the position requires. A City may also have employees who perform far above, or below, their expectations. Job evaluation systems also do not measure everything about a job. It is good policy to reward employees for superior performance but the assignment of job evaluation points is not where this should occur. What job evaluation measures is the position what the City requires -regardless of who happens to be in it at any given time. Rewarding employees for superior performance can be accomplished using the speed of movement in the salary ranges in conjunction with a performance appraisal system, as well as by non-monetary methods. Job evaluation is the internal job value and is not influenced by the market. The market, on the other hand, responds to the laws of supply and demand and recruitment and retention issues. The market does not base pay on internal job evaluation. The State Pay Equity law requires compliance with specific criteria based on internal jab evaluation. Job Evaluation Review Re uests The jobs are assigned to grades based on the job evaluation points. If a job should change significantly, the City can re-evaluate the job using the attached job evaluation system. If the total points should change enough to move the position. into a different salary grade, the Point-to- Grade Conversion Chart (Appendix F) will indicate where it should be moved. ro You may want to consider using a neutral party experienced in applying job evaluation systems . to maintain the integrity of the system. Updating of job evaluation points is required by the Pay Equity Act but no frequency is mandated. I recommend that you review all jobs every five to seven years. Either an employee, ar a department head, may request a review of the job evaluation points for a position. The job must have changed significantly from the last time it was reviewed. The person requesting the review must provide in writing a detailed description of the job changes. The written request, if from an employee, would then be submitted to his or her supervisor for review and comments. The supervisor should review the accuracy ofthe stated changes and agree or disagree with the description of the job change. If there is disagreement, the supervisor will supplement the document with any clarifications or changes. The department head will then review the document to determine whether he or she agrees with the description and to determine whether the changes should remain in place ar be removed or revised. If the changes remain, and are seen. as signhcant to one of the five factors, the document will be forwarded to Human Resources far review. If the request is from the department head, he or she would submit it to the City Administrator for consideration. If the City requires changes to a job through restructuring, the review maybe initiated by the department head, Human Resource Director or City Administrator. No position should be reviewed more often than every three years unless the City purposely restructures the position and/or the department head and Human Resource Director agree that there is a significant change that will very likely impact one of the job evaluation factors. Job evaluation is not based on volume of work. More work requires additional prioritizing, delegating, working more hours or working smarter. Adding three duties that are comparable to the existing duties, has no effect on the paints. If duties are added that are less complex ar difficult than other existing duties, the points would likely not change but could possibly decrease. On the other hand, if a position. is restructured and is now supervisory, or vice versa, the points will likely change. Or if new duties are added that are clearly more responsible, require much more independent. thought, decision making or planning than what was required before, the points wi111ikely change. SALARY RANGES In developing the salary ranges, I took both internal equity (jab evaluation as required by the Pay Equity Law) and the market into consideration. My goal was to be as close to the average of the market as possible, while maintaining internal equity. Monticello had some noted recruitment problems causing employee turnover in some classes, limiting the applicant pool for others and causing new employees to be hired in at or near the top of the salary range. These problems were noted only for full-time positions. it Market In determining what market data within the selected cities was appropriate far comparison, I considered a number of issues. The first step is tao determine which jobs were benchmark jabs. A benchmark job is a job that commonly exists in other cities where there would be at least a 70% match in duties. The benchmark positions that had a sufficient number of goad matches to the market include: Building Inspectar Building Official. City Administrator Sewer & Water Maintenance Worker Street Maintenance Worker Mechanic Utility Billing Clerk Liquor Store Clerk Liquor Stare Manager Finance Director Park Maintenance Worker City Engineer I collected and analyzed market information far these benchmark jobs from Minnesota cities of comparable size using the League of Minnesota Cities Salary Survey. The market information I used for the salary ranges was obtained from cities with populations ranging from 9,500 to just under 25,000, with the majority of cities between 10,000 and 20,000. The metro cities used were outlying cities and I used data from a number of cities in greater Minnesota as well. The number of employees in these cities ranged a lot depending on what services were provided. The average number of fulltime employees in the comparable cities was 8S full-time employees and 18 part- time. Monticello has 51-54 FT and 109 PT according to the LMC Salary Survey. Monticello has a lot more part-time because of the Community Center and significantly fewer full time, at least in part, due to not having a Police Department. Once I determined which cities were comparable based an population and location, I then examined the market data for jobs that were a good match for the benchmark jobs. Wherever there was a sufficient number of good matches for a position, I then calculated the average of the minimum and maximum salaries for that job. Salary Ranse Development The process I used to develop the salary ranges was as follows: I designed the salary range system using generally accepted practice in the field of compensation. There is some flexibility in the practice that allows one to gear the system to fit the employer. The number of grades needed depends on attaining a balance between too many (where any change in responsibility will change the salary grade) and too few (where it is obvious that jobs having different values are in the same grade). The number of grades that best fit the City of Monticello based on this criteria was 2S. C 12 ' I developed a point to grade conversion chart to assign an equal number of points to each grade. Using the market data along with the job evaluation points, I developed a framework and then placed all existing and proposed positions into the system at the appropriate place based on their job evaluation points. The goal was to develop a logical pay system that increases as job evaluation paints increase, while incorporating accepted compensation principles and practices commonly used in Minnesota cities. I examined a number of mathematical approaches to match the market with the job evaluation points (internal equity). It usually works best to have most of the salaries increase by some mathematically proportional relationship to ensure compliance with Pay Equity. However, in this case, the market data from comparable cities did not fit any consistent percentage increase between grades, so I used a variable rate to mare closely match the market. I used a 30% spread from minimum to maximum divided into eight equal steps. The salary ranges included in this report are based on 2007 market data so will be adjusted for 2008 by the Finance Director. (See Appendix E for the 2007 salary ranges.) Before I began the project, I met with the Personnel Committee, City Administrator and Community Center Director. We discussed developing a system with half steps to provide flexibility to reward employees based on performance, so there is a Step 1, 1%, 2, 2%Z, and so forth. The length of the salary range being proposed is eight steps. So, assuming a new employee was hired into step one and their performance was fully satisfactory each year, they would get one step each year until they reached step eight. Whenever a half step is used due to performance, the speed at which the employee will move through the range will change. Sala Administration Adopting the proposed salary ranges will assist the City in compliance with the Fay Equity Act, while providing a system that is easy to maintain and administer. Compensation systems allow for increases in pay far employees who stay and grow with the City. They provide an objective method for determining how much to pay a new hire and how much of an increase to give a current employee. A pay-for-performance component allows you to differentiate between superior and satisfactory performers as well as those who need improvement. Under this system, employees will be eligible for a step increase once per year, until they reach the top pay for their job. Assuming employees are hired into step one, it will take 7 years to reach the top salary if they receive one step per year. However, there may be times when it makes sense to start a new employee at a higher step based on their previous experience, current salary, and the difficulty in finding good candidates. Ifpay-for-performance is approved, employees could receive: no step increase, '/z step, 1 step, 1 %Z steps or two steps, based on their performance. The reward of two steps should be rare and limited to employees whose performance was consistently exceptional for the preceding year.. The City Administrator should have final approval authority for any increase in pay outside of the normal one step increase to ensure consistency between. departments. 13 An employee whose performance is consistently very good for the year could get up to 1'/z steps. An employee whose performance was mostly satisfactory but had a couple of relatively insignificant areas .that were problems or needed improvement, could get up to %z step. Lastly, an employee whose overall performance needed improvement ar there were significant performance problems in a given year would not get an increase that year. Once any employee reaches Step $, they are at the top and can only receive annual adjustments that are given to the salary range each year, as determined by the City Council. SALARY RANGE ADJUSTMENT Ongoing maintenance of the salary ranges should be minimal. The salary ranges were developed using 2007 market data. They will need to be adjusted for 200$ once the City Cauncil decides what the annual adjustment (COLA) will be for 2008. The pay range for any classification covered by a bargaining agreement must be negotiated, so the salary ranges will initially apply only to non-represented employees. The City can, with agreement of the unions, re-open contracts for negotiation limited to this topic. To retain the City's pay relationship to the market over time, the City should collect information on what other cities of comparable size are considering for annual adjustments. For example, if most cities in the relevant labor market are considering a 3% cost of living increase for 2008, the City will want to consider a 3% increase if it wants to retain its relationship to the market. The City will also want to consider several other factors in making this decision such as budget constraints, employee turnover rates, actual or potential recruitment problems, union contract settlements and employee morale. It is recommended that annual increases (cost of living adjustments) go into effect on January 1, ar the beginning of the first pay period of each year. The Cauncil retains the discretion as to how much, if any, of an annual increase to adopt. It is important to apply any cost-af-living increases to the entire pay system. All grades in the salary ranges, and all steps within each of those grades, should be adjusted by an equal percentage. That way you will maintain the internal relationship for pay equity compliance. If you adopt different annual increases for different positions, you will lose the internal. equity established by the salary ranges. As mentioned earlier, COLA increases will have to be negotiated for positions covered by a collective bargaining agreement. Initial Placement of Em to ees Iota the Sala Ran es One of the policy decisions for the City Cauncil to make is to determine haw to place the employees into the salary ranges the first time. Because the salary ranges are new but the employees are not -and are already being paid a particular salary -placement into the ranges now is a unique situation. 14. ' I typically recommend moving the employees to the step equal to - or just above -their current salary to get the employees into the ranges the first time. However, if no increases have been awarded this year pending the outcome of this study, you may want to move everyone, whose performance merits an increase, one step higher than that. No employee should be placed below step one or above step eight of their salary grade. If an employee's current salary is above step eight for their new salary grade, that employee's pay could be frozen until annual adjustments (COLA) bring the salary ranges up to the existing salary. Water & Sewer Licenses The positions of Water & Sewer Operator are unique positions where the City has expereinced higher turnover and difficulty in recruitment. Fart of the reason for the difficulty in recruitment is that the City had required applicants to have a Class D Water license and have worked in a Class C facility to apply for the job, severely limiting the applicant pool. While it is very helpful and desirable to have the licensure, and very helpful to have the experience in a Class C facility, it limits the applicant goal too much. Therefore, I eliminated the license requirement and opened up the expereince requirement to increase the applicant pool. This will mean more training will be required for new employees hired without this background. So, to supplement to that, I would. recommend the City pay a differential of some amount per hour to those employees in the Water & Sewer Operator classification who have a Class D Water license. An applicant who has previous experience in a Class C or higher-level facility, could be brought in above step one if appropriate. This would require negotiation as this position is covered by a union. I am not recommending a differential for other optional licenses employees may have. This is a unique situation since I significantly reduced the minimum qualification below what was in place and this position is a difficult position to fill. The addition of a differential for a Class D Water license for this classification will not impact the City's pay equity compliance. PAY EQUITY ANALYSIS Other than market comparability, my primary concern when developing and recommending salary ranges is internal equity, which relates directly to pay equity compliance. All employees who work year-round for more than 14 hours per week, ar in a position that is more than 67 days per year (or more than 100 days per year if the employee is a full-time student) must be included in the Fay Equity Report. I tested the proposed salary ranges using the State Pay Equity software and have attached the reports. This assumes adoption of the restructuring, the new job evaluation points and the salary range proposal. The City will be in compliance with pay equity with these changes. (See Appendix G for pay equity reports.) 15 RECOMMENDED ACTION STEPS 1. Review and accept the proposed restructuring or modify as appropriate. 2. Accept the job evaluation ratings. 3. Adopt the salary ranges and salary administration system with the performance pay component for non-represented staff along with a method to move the employees into the salary ranges initially. This excludes the part-time liquor store positions and part- time recreation positions at the Community Center and seasonal positions. 4. Negotiate adoption of the salary ranges and salary administration system, with the performance pay component, for union positions. If there are any questions on the process used or results of this project, please feel free to contact me at (651) 770-7216. I enjoyed working with the City of Monticello and wish you the best as you meet your current and future challenges. • • 16 • APPENDIX A, Letter of Agreement B. Modified Princeton Job Evaluation System C. 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